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Citation
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Judgment date
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| December 2021 |
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Applicant’s injunction application struck out as premature and incompetent while application to set aside ex parte order remained pending.
Civil procedure – interlocutory relief – temporary injunction sought while underlying suit proceeds ex parte – prematurity and competence of application when an application to set aside ex parte order is pending. Civil procedure – affidavits – whether an application by multiple applicants must be supported by affidavits from all applicants (Order VI r.14). Civil procedure – parties and joinder – effect of a third party not being a party to the main suit on competence of interlocutory application. Procedural dismissal – court may strike out an application on procedural grounds without reaching merits.
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30 December 2021 |
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Court declares several plaintiffs lawful owners, restrains defendant's interference, and awards TZS 100,000,000 compensation.
Land law – ownership and possession – competing sale agreements and surveys – removal of beacons, trespass and interference with possession – admissibility and weight of oral evidence and sale documents – town planning drawings/survey overlap and administrative correction – injunction and compensation.
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23 December 2021 |
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Court granted extension to appeal due to short delay from financial constraints and an apparent jurisdictional illegality.
Civil procedure – extension of time – section 11(1) Appellate Jurisdiction Act – judicial discretion and "good cause". Financial incapacity and distance – possible sufficient cause for short delay in special circumstances (comparative Yusufu Same). Illegality – apparent on face of record, jurisdictional issues (pecuniary jurisdiction) may justify enlargement of time (Valambhia, Lyamuya). Authorities: Mbogo; Hemed Said; Principal Secretary Ministry of Defence v Valambhia; Lyamuya Construction.
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23 December 2021 |
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Failure to involve a land surveyor in a beacon-boundary dispute rendered tribunal proceedings null and void, warranting retrial.
Land disputes – boundary determination – locus in quo visit insufficient without land surveyor where plots are surveyed and beacons placed; failure to involve expert renders proceedings null and void; re-survey and retrial ordered.
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23 December 2021 |
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Suit struck out for failure to join the Attorney General, a mandatory procedural requirement.
Civil procedure – Government proceedings – Mandatory joinder of the Attorney General under Written Laws (Misc. Amendments) Act No.1 of 2020 – procedural amendment applies to suits instituted before and after enactment – non-joinder vitiates proceedings.
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22 December 2021 |
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Application to set aside warrant of attachment and stay execution granted by consent; each party to bear own costs.
Civil Procedure Code – Execution and attachment – Interim ex-parte relief to set aside warrant of attachment – Stay of execution – Parties’ settlement and concession – Costs each party to bear own costs.
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22 December 2021 |
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Applicant failed to account for a 120‑day delay; extension of time to file Bill of Costs denied with costs.
Limitation of actions – extension of time to file Bill of Costs; requirement to account for each day of delay; Lyamuya factors; inordinate delay; sufficiency of reasons (travel, medical treatment, counsel’s unavailability).
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22 December 2021 |
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Failure to comply with a court-ordered deadline to file a defence justified striking out the defence and proceeding ex parte.
Civil procedure — Pleadings — Written Statement of Defence filed outside court-ordered time without leave — Order VIII r.14(1) CPC — Court’s power to strike out and proceed ex parte — Compliance with court orders.
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22 December 2021 |
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Interim injunction granted to restrain sale pending resolution of disputed ownership due to risk of irreparable loss.
Land law – interlocutory injunction – requirements: prima facie case, irreparable loss, balance of convenience; competing title/search report not necessarily decisive at interlocutory stage; protection of possession pending determination of ownership dispute.
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21 December 2021 |
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Negligence of previous counsel and non‑apparent illegality do not justify extension of time to file a certificate on point of law.
Extension of time – sufficient cause – negligence or mistake of previous counsel not a valid ground; illegality must be apparent on face of record; hearsay allegations unsupported by counsel's affidavit insufficient to account for delay.
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21 December 2021 |
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Application for leave to appeal dismissed: issues of illegality and advocate sickness were previously considered and lacked merit.
Civil procedure – leave to appeal – discretion to grant leave where proposed appeal raises arguable point of law or disturbing features requiring guidance of Court of Appeal. Extension/enlargement of time – illegality as a ground; applicant must show cause and cannot complain where issue was previously considered and opportunity to be heard was not pursued. Grounds for enlargement – sickness of advocate considered but did not persuade Court in absence of sufficient cause. Filing deadlines – compliance with court-ordered dates and consequences of alleged late filings.
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21 December 2021 |
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Appellant failed to prove trespass or plead essential particulars; appeal dismissed for defective pleading and insufficient proof.
Land law – proof of title and trespass – burden of proof on applicant; Pleadings and jurisdiction – necessity to plead date of cause of action, size/boundaries and value of land; Locus in quo – not mandatory unless necessary; Court’s discretion to consider late submissions in interest of justice.
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21 December 2021 |
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Court granted six‑month injunction restraining respondents from selling or altering status of the mortgaged property pending main suit.
Land law – temporary injunction to restrain sale/disposition of mortgaged lease; Order XXXVII Rule 1(a) & section 68(c) CPC; requirement of prima facie case, irreparable harm and balance of convenience; interplay with receiver’s powers under section 128 Land Act.
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20 December 2021 |
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The applicant's claim upheld: alleged gift to the respondent void; estate declared lawful owner and respondent must vacate.
Property law — validity of deed of gift — capacity to contract (minority) — adverse possession (permissive occupation not adverse) — accrual of cause of action on appointment of administrator — limitation law.
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17 December 2021 |
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Court granted a limited injunction restraining sale of disputed property pending the main suit, other reliefs overtaken by execution.
Civil Procedure – Temporary injunction – Order XXXVII Rule 1(a) & (d) and section 68(e) CPC – Atilio triad (prima facie case, irreparable harm, balance of convenience) – Overtaken by events/execution of decree – Preservation of status quo – Restraint on sale pending main suit.
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17 December 2021 |
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Sale by an administratrix was valid despite incomplete registration; successor administrator cannot undo the sale.
Land law – transfer and registration – validity of sale by legal personal representative; effect of incomplete registration; successor administrator bound by predecessor’s transactions; burden of proof in civil title disputes.
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17 December 2021 |
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A revision cannot substitute for an appeal against an interlocutory or non‑final tribunal decision; the revision was dismissed with costs.
Civil procedure – Revision v. appeal – Whether revision lies in respect of preliminary or interlocutory decisions; Section 79(a) Civil Procedure Code prohibits revision of interlocutory orders unless they finally determine the suit. Land Disputes – Jurisdiction of High Court under Sections 41 and 43 of Cap.216 vis-à-vis appeals and revisions from District Land and Housing Tribunal. Affidavit practice – Allegation that affidavits must not contain legal arguments or conclusions (Ex parte Matovu) though not determined on merit in this ruling.
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17 December 2021 |
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Court found execution-related irregularities, held tribunal functus officio on execution but granted extension to file revision and allowed the appeal.
Civil Procedure – execution and affixation – compliance with Order V Rule 13 and Order XXI Rule 20 – proof of service required. Procedural law – functus officio – limits of tribunal’s power after execution of decree. Extension of time – sufficient cause for enlargement to file revision against lower tribunal decision despite execution.
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17 December 2021 |
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Application for certificate on point of law dismissed as time-barred; asserted online filing unproven; filing date is payment date.
Land procedure – application for certificate on a point of law – requirement to file within time granted by court. Filing rules – date of filing is date of payment/exchequer receipt, not merely online submission without proof. Proof of electronic filing – party must produce evidence to rely on asserted online filing date. Time limitation – failure to comply with court-ordered extension renders application time-barred.
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17 December 2021 |
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Caveat removed where caveator failed to appear and applicant proved interest by tribunal decree.
Land law – Caveat removal under s.78(4) Land Registration Act – effect of caveator's non-appearance and absence of counter-affidavit – proof of applicant's interest via tribunal judgment – Registrar ordered to remove caveat.
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16 December 2021 |
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An unappealed Ward Tribunal decision operated as res judicata, so the High Court judgment was set aside on review.
Res judicata — prior Ward Tribunal decision binding where unappealed — jurisdictional objections must be raised timely — review under Order XLII CPC — setting aside High Court judgment where prior tribunal decision exists.
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16 December 2021 |
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District Tribunal had jurisdiction; procedural lapses over assessors’ opinions did not occasion failure of justice, appeal dismissed.
Land law – pecuniary jurisdiction of District Land and Housing Tribunal – valuation by litigant as basis for jurisdiction. Civil procedure – assessors’ participation – recording and reading of assessors’ opinions and duty to state reasons when departing from an assessor’s view. Land Disputes Courts Act s.45 – procedural irregularity does not warrant reversal unless it occasions failure of justice. Overriding objective/substantive justice applied to uphold Tribunal decision despite procedural defects.
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16 December 2021 |
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Applicant’s negligence and unexplained delay denied extension of time to set aside dismissal/default judgment.
Land law; extension of time to apply to set aside dismissal/default judgment; requirement of sufficient cause, promptness and diligence; service of process—proof versus unsupported denial; illegality as ground for extension must be apparent on the face of the record.
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15 December 2021 |
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Family arrangement to improve a parent’s land lacked intention to create legal relations; compensation claim dismissed.
Land law – improvements to family-owned property; Contract law – intention to create legal relations in family arrangements; Oral agreements and burden of proof; Incomplete transfer instruments (undated transfer of right of occupancy); Heirs’ interests versus individual enforceable rights.
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15 December 2021 |
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Unexplained delay of over 90 days and failure to account for it led court to refuse extension of time to file revision.
Civil procedure – Extension of time – Section 93 CPC – Requirement of sufficient cause, promptness and explanation for delay – Lyamuya and Yusuf Same principles applied. Delay – Applicant must account for each day of delay; unexplained 90+ day delay fatal to application. Res sub-judice/res judicata – Pending related application did not justify failure to file when earlier extension was granted. Compliance with court orders – Failure to act within granted period and to account for delay warrants refusal of extension.
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15 December 2021 |
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A tribunal’s locus in quo and credible witness evidence can establish land ownership; appeal dismissed and decision upheld.
Land law – ownership dispute – locus in quo/site visit and sketch – identification of disputed land – witness corroboration and evaluation of evidence – credibility findings can establish ownership absent documentary title.
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15 December 2021 |
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Interlocutory rulings overruling preliminary objections are not revisable unless they finally determine the suit.
Civil procedure – Revision – Interlocutory/preliminary rulings – Section 79(2) CPC – Section 43(1) Land Disputes Courts Act – Interlocutory orders not revisable unless they finally determine the suit.
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15 December 2021 |
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Applicant’s request for extension to set aside ex parte decree dismissed for failure to show sufficient cause and account for delay.
Land procedure – extension of time to apply to set aside ex parte decree; Order IX Rule 9; requirement to account for each day of delay; advocate’s sickness as ground for delay – need for cogent medical evidence; uncorroborated vehicle breakdown insufficient; omnibus applications permissible where consistent.
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14 December 2021 |
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The applicant failed to prove a claimed easement/right of way; appeal dismissed with costs.
Easement/right of way – burden of proof on claimant to describe existence, nature and dimensions of pathway; Evidence – appellate review of trial tribunal's evaluation; Civil procedure – admissibility and late filing of written statements of defence; Parties and joinder – effect of unjoined third-party rights in squatter settlements; Assessors – absence of assessors' opinion addressed in trial court judgment.
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14 December 2021 |
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Mortgagee discharged verification duty by relying on mortgagor’s sworn spousal-consent affidavit; estoppel barred later denial.
Land law — mortgage and spousal consent; mortgagor's disclosure duty and mortgagee's verification duty — Section 114 Land Act; affidavit/written witnessed document deemed to discharge mortgagee's duty; Regulation 4(1)(c) Land (Mortgage) Regulations; Mortgage Financing (Special Provisions) Act; Evidence Act s.123 — estoppel and effect of sworn affidavit; appellate review of tribunal's factual and legal findings.
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14 December 2021 |
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Mandatory 14‑day auction notice absent — sale void; purchaser may recover purchase price from mortgagee but lacks statutory protection without transfer.
Auctioneers Act s.12(2),(3) – mandatory 14‑day public notice; default notice ≠ notice of intention to sell; burden of proof – s.115 Evidence Act; sale void for non‑compliance; bona fide purchaser protection (Land Act s.135) requires registration/transfer and possession; purchaser entitled to recover purchase price from mortgagee.
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14 December 2021 |
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Wrong citation of the enabling provision rendered the restoration application incompetent; court struck it out but granted leave to refile.
Civil procedure – restoration of suit – correct enabling provision: Order IX r6(1) – wrong citation (Order IX r9) renders application incompetent – non-citation/wrong citation fatal – defective verification clause left undecided – striking out with leave to refile.
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14 December 2021 |
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Appeal dismissed: claim within limitation after legal disability excluded; sale agreement invalid for forgery, procedural and consent defects.
Land law — limitation of actions — accrual of right to recover land after discovery and exclusion for legal disability; Contract/sale of land — invalidity due to forgery, witness disavowal and non‑compliance with spousal and village council requirements; Evidence — refusal to admit late documents for failure to serve and prove authenticity under Tribunal Regulations.
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14 December 2021 |
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Appellant failed to prove trespass or title; tribunal properly preferred respondent’s evidence and appeal dismissed with costs.
Evidence — land disputes; burden of proof on balance of probabilities; adverse inference from non‑production of documentary evidence; delay/acquiescence undermining title claims; evaluation of credibility of oral testimony.
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14 December 2021 |
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A supporting affidavit verified by someone other than the deponent is a fatal defect; the application was struck out.
Civil procedure – Affidavit verification – Verification signed by a person other than the deponent – Competence of affidavit; whether curable by amendment. Land Disputes Courts Act s.43(1)(b) – discretionary relief cannot salvage a fundamentally defective supporting affidavit. Civil Procedure Code, Order 19 r.3 – formalities of affidavits and effect of defective verification.
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14 December 2021 |
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Leave to appeal granted to resolve whether judgment or proceedings determine res judicata between differing issues and parties.
Leave to appeal – Appellate Jurisdiction Act s.5(1)(c) – test for granting leave: reasonable prospects of success or disturbing features; Res judicata – whether court must consider judgment or proceedings; applicability where issues and parties differ; joinder and prior proceedings; reference to Harban Haji Mosi and Principal Secretary v. Devram Valambhia.
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13 December 2021 |
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Leave to appeal granted where triable legal issues existed and respondent failed to file ordered written submissions.
Civil procedure – failure to file written submissions – constituted waiver and justified ex parte determination. Appellate practice – leave to appeal – granted where triable points of law of general importance are shown. Evidence/land law – whether agreement for sale and addendum/map disclose land size, location and boundaries; participation of local authorities. Appellate duty – requirement to weigh evidence and give clear reasons.
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13 December 2021 |
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Appeal dismissed: purchaser failed to prove lease; deposited TShs.3,000,000 held to be refund of purchase price, not rent.
• Evidence – burden of proof in civil cases – party asserting existence of lease must prove it – sections 110, 111, 112, 115 and 118, Evidence Act. • Property – sale and rescission – refund of purchase price restores vendor's possession. • Landlord and tenant – where lease not proved, claim for rent fails. • Civil procedure – costs – discretionary and awarded according to parties' conduct.
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13 December 2021 |
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Application for injunction dismissed because the mortgaged properties had already been sold, rendering the relief untenable.
Land law – Temporary injunction – Application overtaken by events – injunction cannot restrain a sale already executed. Civil procedure – Parties bound by pleadings – court will not grant relief not prayed for. Interim relief – Application of Atilio v Mbowe tests and necessity of practicable relief.
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13 December 2021 |
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The applicant's application for a receiver was struck out as res subjudice due to a pending appeal concerning the same properties.
Civil procedure – Preliminary objections – must raise a pure point of law to be determined without evidence (Mukisa). Res subjudice – High Court loses jurisdiction where a Notice of Appeal in respect of the same subject matter is pending in the Court of Appeal. Appointment of receiver – application struck out as incompetent where identical subject matter is before another court. Abuse of process – multiple proceedings on same property may render subsequent applications futile.
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13 December 2021 |
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Leave to appeal refused where no Notice of Appeal was filed and an order rejecting review is not appealable.
Court of Appeal Rules – Rule 83(6): Notice of Appeal prerequisite to application for leave; Civil Procedure Code – Order XLII Rule 7(1): order rejecting review not appealable; Procedural law – chamber summons limits court to orders sought; Evidence – submissions are not proof of filing documents.
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13 December 2021 |
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Proceedings conducted with only one assessor and without availing assessor’s opinion to parties vitiated the tribunal’s judgment.
Land law — composition of District Land and Housing Tribunal — requirement of chairman plus two assessors; assessors’ written opinions — must be given and made available to parties before judgment; failure to comply is a fundamental irregularity vitiating proceedings; revisional powers — quashing and remittal for retrial.
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13 December 2021 |
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Applicant’s construction claim dismissed for failing to prove breach, defective materials, and compliance with payment terms.
Construction law – existence and terms of written construction contract – admissibility of contract as primary evidence. Civil proof – balance of probabilities – claimant must prove breach, defective materials, and causal link with competent evidence. Evidence – failure to call expert witness and absence of contractual specification undermines defect claims. Contract performance – compliance with payment schedule is critical; payment records and correspondence may show arrears.
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13 December 2021 |
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High Court lacks jurisdiction to grant stay of execution of a District Land and Housing Tribunal decree; stay must be sought in the issuing court.
Civil procedure – Stay of execution – Jurisdiction – Whether High Court may stay execution of decree issued by District Land and Housing Tribunal – Proper forum is the court which issued the decree once notice of appeal is lodged. Civil procedure – Order XXI r.27 CPC – Application filed in wrong court – Unmaintainable. Procedural irregularities – leniency for lay litigants – limited where legal aid was available and jurisdictional defect exists.
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13 December 2021 |
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Court grants plaintiff a final opportunity to re-serve the 2nd defendant despite delay caused by a prior stay.
Service of process – failure to produce proof of service under Order V r.13 – delay caused by stay pending Court of Appeal – alleged abuse of process – Order I r.2 and r.6 invoked – court grants final opportunity for re-service; preliminary objection cannot proceed in absentia.
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13 December 2021 |
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An application for leave to appeal is incompetent if filed before lodging the mandatory Notice of Appeal under Rule 83(6).
Civil procedure – Appeal prerequisites – Requirement to lodge Notice of Appeal before applying for leave or certificate under Court of Appeal Rules (Rule 83(6)) – mandatory compliance. Procedure – Competence of applications – Failure to file Notice of Appeal renders leave application incompetent – overriding principle cannot cure mandatory procedural defect. Service by publication – non-appearance of respondent does not waive notice-of-appeal requirement.
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13 December 2021 |
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A plaint lacking sufficient description of immovable property is fatal and not curable by the overriding objective.
Land law – Description of immovable property – Requirement under Order VII r.3 CPC for sufficient identification (size, location, boundaries); Overriding objective – limits to curing substantive defects; Civil procedure – fatal defect rendering suit incompetent; Non‑joinder and suing non‑existing entities (raised but not determined).
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13 December 2021 |
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Extension of time to appeal granted due to alleged illegality and applicant's advanced age and ill‑health.
Land law – extension of time to appeal under s.41(2) LDCA – good cause – illegality of impugned decision as good cause; advanced age and ill‑health as factors; overriding objective curative of name anomaly.
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13 December 2021 |
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Review application dismissed: alleged errors were not apparent on record and review cannot substitute for an appeal.
Civil procedure — Review — Order XLII Rule 1 CPC — Error apparent on face of record must be obvious and self-evident; not a ground for re-hearing errors of law. Review is not a substitute for appeal — dissatisfied parties must appeal rather than seek review to re-open disputes. Procedural fairness — alleged non-service of written submissions and denial to file rejoinder must be shown on record to support review.
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13 December 2021 |
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Appeal restored where late remittal and lack of notification constituted sufficient cause for non-appearance.
Civil procedure – setting aside dismissal for want of prosecution – Order XXXIX Rule 19 CPC – delay in remittal of records by District Land and Housing Tribunal – lack of notification as sufficient cause – conduct of applicant – prejudice to respondent – appeal restored; no order as to costs.
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13 December 2021 |