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Citation
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Judgment date
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| September 2021 |
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Appellant’s uncorroborated testimony failed to rebut respondent’s documentary and neighbour evidence; appeal dismissed with costs.
Land law – boundary dispute/encroachment – burden of proof under Evidence Act ss.110 & 111 – weight of documentary evidence versus uncorroborated oral testimony; locus in quo inspection; concurrent findings of fact by lower tribunals.
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7 September 2021 |
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Whether purchaser from a caretaker seller acquired valid title where village reallocated the land — court held purchaser lawful owner.
Land dispute — ownership — validity of sale by caretaker/assignee — effect of village acquisition and reallocation on original allotment — assessment of documentary and boundary evidence (Exhibits P1, P4, P5).
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3 September 2021 |
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Applicant granted temporary injunction restraining respondents from disposing or developing disputed land pending trial.
Interlocutory injunctions – application under Order XXXVII and CPC – Atilio v Mbowe test (prima facie case, irreparable harm, balance of convenience); Property law – disputed ownership of titled farms and effect of ongoing development and alienation; Adequacy of damages – when monetary compensation is inadequate; Preservation of status quo pending trial.
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3 September 2021 |
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Revision application struck out as premature because interlocutory tribunal orders are not revisable; main suit remains pending.
Land law — Revision — Interlocutory orders of District Land and Housing Tribunal not revisable under Regulation 22 GN No.174/2003; premature revision when main suit pending; amendment of party’s name and extension of time are interlocutory reliefs.
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3 September 2021 |
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Court dismissed content and locus objections but allowed amendment to cure defective verification of the plaint.
Civil procedure – plaint content – Order VI r3 (material facts not prayers); agency certificate – Order III r1 and Order VI r14; verification requirements – Order VI r15(2) – defective verification curable by amendment (amendment preferred to striking out).
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3 September 2021 |
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Application for injunction struck out as it would improperly restrain execution of an existing court decree.
Civil procedure – temporary injunction – injunction restraining execution of a decree – misuse/misapplication of injunctive relief; functus officio – effect of prior dismissal for want of prosecution; judicial notice of existing court decree.
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3 September 2021 |
| August 2021 |
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Application for extension of time to seek leave to appeal dismissed for failing to establish time-barred appeal or illegality.
Land law – extension of time to seek leave to appeal; omnibus application objection; time-barred appeals and computation of filing time under s.41(2) Land Disputes Courts Act; pecuniary jurisdiction of District Land and Housing Tribunal; right to be heard and alleged illegality as ground for extension of time.
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31 August 2021 |
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Appellate tribunal wrongly nullified ward tribunal decision where respondent failed to prove rival ward tribunal existed.
Land law – territorial jurisdiction of Ward Tribunals; institution of suit at nearest functioning ward tribunal where home ward tribunal not established; jurisdiction may be raised at any stage; burden of proof rests on party alleging lack of jurisdiction; appellate tribunal must give reasons when departing from witness testimony.
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31 August 2021 |
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Court reduced excessive taxed instruction fee, upholding transport allowance and limiting interference with Taxing Master’s discretion.
Taxation of costs – Review of Taxing Master’s discretion – Whether interference justified for injudicious exercise or wrong principle; Instruction fees – nature, relevant factors (value of subject matter, work done, receipts) and reasonableness; Application of Ninth and Eleventh Schedules of Advocates Remuneration Order; Reduction of excessive taxed fees where matter disposed at preliminary stage.
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31 August 2021 |
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Court reduced taxed instruction fee for a preliminary-stage matter and upheld attendance costs, lowering total award to TZS 5,450,000.
Advocates’ fees – Taxation of costs – Review of Taxing Master’s discretion – instruction fee computation and reasonableness – application of Ninth and Eleventh Schedules to the Advocates Remuneration Order – factors: value of subject matter, stage/duration of proceedings, proof of payment, attendance allowances.
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31 August 2021 |
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Failure to attach the decree to a memorandum of appeal under Order XXXIX r.1(1) renders the appeal incompetent.
Civil procedure — Appeals — Order XXXIX Rule 1(1) CPC — Mandatory requirement to attach copy of decree (and judgment unless dispensed with) to memorandum of appeal — Non-compliance renders appeal incompetent — Appeals from District Land and Housing Tribunal — Correcting anomalies in decree/judgment dates at tribunal.
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31 August 2021 |
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The applicant's second appeal was dismissed as time-barred; awaiting a judgment copy did not extend section 38(1) time-limit.
Land law – Civil procedure – Appeal period – Section 38(1) LDCA – sixty-day limitation for appeals to High Court – commencement from date of District Tribunal judgment – awaiting extraction of judgment not automatically excluded unless certified copy is mandatory.
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31 August 2021 |
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Second‑appeal time begins on delivery of District Tribunal judgment; delay for extracted copy not automatically excluded.
Land appeals – limitation period under s.38(1) Land Disputes Courts Act – time runs from date of delivery of District Tribunal judgment – awaiting extraction of certified copy not automatically excluded – extraction dates relevant for extension applications only.
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31 August 2021 |
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Court granted 14-day extension to apply for leave to appeal, finding 11-day holiday delay excusable; illegality not entertained absent affidavit.
Civil procedure – extension of time – application under s.11(1) AJA and s.95 CPC – Lyamuya criteria – accounting for delay; illegality not raised in affidavit cannot be relied on in submissions; notice of appeal as evidence of intention to appeal.
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31 August 2021 |
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Extension of time granted to the applicant for leave to appeal; 11-day delay reasonable; illegality cannot be raised in submissions.
Extension of time – application under s.11(1) Appellate Jurisdiction Act and s.95 CPC – Lyamuya criteria applied – accounting for delay; notice of appeal as evidence of intention to appeal; change of advocate permissible; illegality cannot be raised first in written submissions.
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31 August 2021 |
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An application founded on a wrong statutory citation and without proof of timely e-filing is struck out as time-barred.
Land appeal time-limits – section 41(2) LDCA Cap.216: 45-day filing period; Electronic filing – Judicature and Application of Laws (Electronic Filing) Rules, 2018 (Rule 21,22): filing deemed upon acceptance/payment; Wrong citation of statute – citation of non-existent provision renders application incompetent and liable to striking out; Notice of Appeal time-rules – Rule 83(2) Court of Appeal Rules (relevance to raising preliminary objection).
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31 August 2021 |
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Court restored a dismissed land appeal finding genuine excuse, no prejudice, and that justice favoured readmission.
Land procedure – setting aside dismissal for want of prosecution; requirement to show sufficient cause; consideration of prior conduct and prejudice; discretion to restore appeals in interest of justice; need (but not always decisive effect) for documentary proof of hearing dates.
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31 August 2021 |
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Applicant ordered to amend application to invoke s.95 CPC; High Court can use inherent powers to enlarge time for appellate processes.
Civil Procedure Code (s.93, s.95) – enlargement of time – scope of application and inherent powers Land Disputes Courts Act (s.51(1)) – application of Civil Procedure Code in land matters Appellate Jurisdiction Act – absence of express provision for extension of time Jurisdiction – inherent powers of the High Court to prevent abuse of process and secure ends of justice Procedural objection – requirement to plead appropriate enabling provisions
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31 August 2021 |
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Interim injunction granted restoring applicant’s access to warehouse pending trial due to triable issue, irreparable harm and balance of convenience.
Land law – interim injunction – Atilio v Mbowe test (triable issue, irreparable injury, balance of convenience) – dispute over tenancy and lawfulness of eviction – preservation of goods and prohibition on removal of fixtures pending trial.
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30 August 2021 |
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Court granted temporary injunction preventing sale of mortgaged plots pending trial on whether the guarantor debt was discharged.
Interlocutory injunction – application of Atilio v Mbowe criteria: serious question to be tried; irreparable injury; balance of convenience – mortgage/guarantor rights – prevention of sale by auction pending trial.
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30 August 2021 |
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Revocation and de-registration of a registered title without compliance with statutory procedure is unlawful; plaintiff remains owner.
Land law – registration as prima facie proof of ownership; revocation of right of occupancy – statutory procedure and notice requirements under the Land Act; rectification of land register – powers and duties of Registrar of Titles; procedural fairness and burden of proof; admissibility and role of forensic evidence in alleged document forgery.
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30 August 2021 |
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Land Division lacked jurisdiction over a commercial business dispute; a review corrected clerical errors but dismissed substantive grounds.
Jurisdiction – Land Division v Commercial Division – nature of the centre-piece controversy determines forum; commercial agreements over business operation fall in Commercial Division. Pleadings – Order VII Rule 1(e) Civil Procedure Code – plaint must state facts constituting cause of action and when it arose. Civil procedure – preliminary objection for want of jurisdiction – suit struck out if wrong forum. Review – error apparent on face of record – correction of parties’ names and decree date under sections 95–96 Civil Procedure Code; review is not a substitute for appeal. Substitution of deceased plaintiff – legal representative must be joined; clerical omissions correctable when error is apparent.
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30 August 2021 |
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The Ward Tribunal lacked pecuniary jurisdiction (exceeding TSh3,000,000); both tribunal decisions were quashed.
Land disputes — Pecuniary jurisdiction — Ward Tribunal limited to disputes valued at TSh 3,000,000 (s.15 Land Disputes Courts Act, 2002); proceedings without jurisdiction are null and void; appellate proceedings founded on null proceedings likewise invalid; re-institution in competent tribunal; costs each party.
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30 August 2021 |
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Ward Tribunal lacked pecuniary jurisdiction; both Ward and District Tribunal decisions quashed; parties may re‑institute.
Land disputes — Jurisdiction — Pecuniary limit of Ward Tribunal under s.15 Land Disputes Courts Act — Dispute valued above Tsh 3,000,000 — Ward Tribunal proceedings null and void — Effect on District Land and Housing Tribunal decisions — Quash and set aside — Liberty to re-institute.
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30 August 2021 |
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Applicant failed to account for unexplained delay and did not show facial illegality; extension of time dismissed with costs.
Land law – extension of time to appeal – section 41(2) Land Dispute Courts Act; requirements for good cause – accounting for each day of delay; technical delay awaiting rectified judgment; financial constraints not a good cause; illegality must be apparent on the face of the record.
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30 August 2021 |
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Review application to set aside judgments due to an imposter advocate discovered post-judgment was dismissed; review not a rehearing.
Civil procedure – Review under section 78 and Order XLII Rule 1; discovery of impersonation by advocate; distinction between unregistered advocate and imposter; limits of review (not appellate rehearing); nullity of documents vs finality of proceedings.
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30 August 2021 |
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Extension of time granted where applicant promptly applied after learning of eviction; alleged illegality not shown on face of record.
Land law – Extension of time under s.14 Law of Limitation Act – promptness after knowledge of eviction – right to be heard/impleading – alleged illegality must be apparent on face of record to ground extension.
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30 August 2021 |
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Court granted stay pending filing of revision after extension, but refused to grant stay pending an intended (unfiled) revision.
Civil procedure – Stay of execution – prerequisites: pending appeal/revision, prima facie success, irreparable injury, balance of convenience. Procedural validity – stay pending an intended (not yet filed) application is premature and may be abused. Land/execution – non‑party claiming interest may obtain interim relief where eviction/demolition is imminent and extension to bring revision is granted.
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30 August 2021 |
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Failure to record or read assessors' opinions vitiated the tribunal's judgment and the case was remitted for rehearing.
Procedural law – Assessors – requirement that assessors' written opinions be on the record and read to parties – failure to record/read vitiates tribunal judgment. Revision – Land Dispute Courts Act s.43(1)(b) – power to quash proceedings and remit for rehearing. Land law – issues of abandonment/adverse possession, locus standi and pecuniary jurisdiction left unconsidered due to procedural nullity.
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30 August 2021 |
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Failure to record and read assessors' opinions rendered the tribunal judgment improper, requiring remittal for fresh judgment.
Procedure – Assessors – Requirement that assessors' opinions be given in writing, reflected in proceedings and read to parties before judgment. Appeal/Revision – High Court’s revisional powers under s.43(1)(b) of the Land Disputes Courts Act to cure tribunal irregularities. Evidence – Consequences of failure to place assessors' opinions on record; other substantive grounds left academic where fundamental irregularity exists.
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28 August 2021 |
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Appellant failed to rebut tribunal’s finding that the respondent lawfully owned the disputed land; appeal dismissed without costs.
Land law – ownership dispute; burden and standard of proof in civil claims; admissibility and weight of hearsay; evaluation of competing documentary evidence; appellate interference with tribunal credibility findings.
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28 August 2021 |
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Appellate tribunal breached right to be heard by deciding unregistered Power of Attorney issue; unregistered instrument undermined locus standi.
Constitutional law – right to be heard (audi alteram partem) – tribunal must invite parties to address a legal point not argued before deciding it. Property/land law – Power of Attorney – registration requirement under section 96, Land Registration Act – effect on locus standi. Civil procedure – suo motu determination by tribunal – limits and proper procedure. Remedy – quashing of tainted decisions and restoration of parties.
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28 August 2021 |
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Assessors’ unrecorded opinions vitiated the tribunal’s judgment; matter remitted for assessors’ opinions and fresh judgment.
Land procedure – assessors’ role – assessors must give written opinions recorded in proceedings and read to parties before judgment; failure is fundamental irregularity warranting quash and remit; appeal timeliness under section 38; revisional powers under section 43(1)(b).
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28 August 2021 |
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Tribunal’s grant of execution without hearing while a stay application was pending was irregular; High Court revised and remitted.
Land law – Execution of decree — Granting execution while stay application pending — Right to be heard — Material irregularity — High Court revisional powers under s.43 Land Disputes Courts Act and s.79(1)(c) CPC — Order XXI Rule 15 compliance.
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27 August 2021 |
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Leave to appeal denied because the applicant failed to show prima facie or novel legal issues meriting appeal.
Land law – leave to appeal – application under s.47(2) LDCA – requirement of prima facie, arguable grounds or novel point of law – discretion to grant leave – nemo dat principle and documentary evidence disputes.
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27 August 2021 |
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A termination agreement that apportioned loan recovery and was accepted by the employee discharged the mortgage; bank must release title.
Employment/contract law – termination agreement varying prior loan/mortgage obligations; insurance exclusion for bank employees – insurer’s refusal does not revive employee’s liability; discharge of mortgage and release of title; restitution and injunctive relief.
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27 August 2021 |
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A termination agreement promising insurer payment discharged the plaintiff's mortgage debt, requiring the defendant to release the title deed.
Contract – Termination agreement – Validity and effect: a termination agreement can alter prior contractual arrangements where accepted by parties. Debt discharge – Where a party promises insurer recovery, that promise may discharge the debtor if no contract term reserves liability on insurer’s failure. Insurance – Policy interpretation: insurer’s exclusion of bank’s own employees precluded insurer liability. Property/mortgage – Release of title: lender must release mortgage title once debtor fulfils agreed settlement. Remedies – Declaration of no debt, delivery of title deed, permanent injunction, and costs.
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27 August 2021 |
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Omission to record and read assessors' written opinions vitiated the tribunal's judgment, prompting quash and remittal.
Evidence/Procedure – Assessors – requirement that assessors’ opinions be given in writing, recorded in proceedings and read in presence of parties – failure vitiates tribunal judgment. Appellate procedure – reliance on unrecorded assessors’ opinions is a fundamental irregularity. Revision – High Court’s power to quash and remit where tribunal judgment is defective.
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27 August 2021 |
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High Court stayed execution pending appeal after finding applicant faced likely substantial and irreparable loss.
Stay of execution – appellate jurisdiction – Order XXXIX r.5 CPC – requirements for stay (substantial loss, no unreasonable delay, security) – proper forum for stay after appeal filed – abuse of process.
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27 August 2021 |
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An advocate's affidavit failing to disclose sources and containing arguments is defective and was expunged and struck out with costs.
Affidavits – verification and hearsay – source of information must be disclosed; Affidavits must not contain prayers or legal arguments; defective affidavit may have offending paragraphs expunged but may be struck out if remaining material is insufficient; procedural objections may be determined before merits.
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27 August 2021 |
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Leave-to-appeal application struck out for citing wrong provision and failing to lodge notice of intention to appeal.
Land law; appellate jurisdiction — where High Court exercises appellate jurisdiction leave to appeal lies under s.47(2) of Land Disputes Courts Act; procedural requirement — lodging notice of intention to appeal under s.11(1) Appellate Jurisdiction Act; competence of application — incorrect statutory citation and failure to lodge notice renders application incompetent.
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27 August 2021 |
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Suit dismissed with costs as res judicata: present dispute found to concern same property as prior dismissed proceedings.
Civil procedure – res judicata – whether subsequent suit raises matter directly and substantially in issue in earlier suit – requirements under section 9 CPC and authorities. Civil procedure – Order IX Rule 8 CPC – setting aside dismissal for want of prosecution as alternative to instituting fresh suit. Pleadings – admissions in pleadings can be dispositive where earlier proceedings are conceded.
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27 August 2021 |
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Leave to appeal in land matters must be sought under s.47(2) LDCA, not s.5(1)(c) AJA; wrong citation renders application incompetent.
Land law — Leave to appeal — Applications arising from District Land and Housing Tribunal — Proper provision is s.47(2) Land Disputes Courts Act; wrong citation of s.5(1)(c) AJA renders application incompetent; overriding objective cannot cure failure to move court under correct statute.
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27 August 2021 |
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Interim injunction application citing military-specific provision (Order XXXVII) was incompetent and struck out.
Civil Procedure – Competence of application – Application for interim injunction improperly founded on Order XXXVII (military-specific provision) – Application struck out as incompetent. Procedure – Preliminary objections – Court to determine competence before merits; second objection unnecessary once first sustained. Interim relief – Incorrect statutory foundation renders interlocutory application invalid.
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27 August 2021 |
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Appeal dismissed as time-barred; e-filing alone did not constitute timely filing without acceptance/payment.
Land law – appeals from District Land and Housing Tribunal – time limit of 45 days under s.41(2) Land Disputes Courts Act. Electronic filing – Judicature and Application of Laws (Electronic Filing) Rules, 2018 (Rules 21, 22) – online submission does not alone constitute filing absent acceptance/payment. Limitation – Law of Limitation Act s.3 – proceedings instituted after prescribed period to be dismissed. Procedural – court will dismiss appeals filed out of time where no extension for good cause is shown.
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27 August 2021 |
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Appeal allowed and tribunal decision set aside after sale agreement showed the suit was instituted against the wrong party.
Land law – boundary dispute – relevance of sale agreement and sketch plan to establish size and boundaries of land. Procedure – Ward Tribunals Act s.15(1) – ward tribunals are not strictly bound by formal rules of evidence. Procedure – suit instituted against wrong party – court may nullify proceedings and set aside decisions using revisional powers. Evidence – assessment of documentary evidence may be dispositive of jurisdiction/party status and obviate merits determination.
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27 August 2021 |
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Appellant failed to prove title; assessors’ opinions are advisory and invitees cannot validly transfer land they do not own.
Land law – title disputes – burden of proof on balance of probabilities; Assessors’ opinions advisory, not binding on tribunal; Evidence – appellate evaluation of credibility; Transfer – invitee cannot sell land he does not own; Ex parte hearing where respondent refused service.
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27 August 2021 |
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A residential licence obtained during an active dispute is ineffectual; credibility of evidence decides ownership.
Land law – Ownership dispute – Residential licence procured during an existing dispute ineffectual as proof of title; credibility of oral evidence and prior Ward Tribunal decision and administratix appointment decisive on balance of probabilities.
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26 August 2021 |
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Ward tribunal judgment nullified because the tribunal secretary unlawfully participated in decision‑making; retrial ordered.
Land law / procedure – Ward Tribunal – Illegality of secretary’s participation in decision-making – participation renders judgment a nullity and warrants retrial. Civil procedure – irregularity in composition/coram and authentication of judgment – consequent nullification of ward and appellate tribunal judgments. Statutory interpretation – Ward Tribunal Act (ss.4) and Land Disputes Courts Act (s.11) – compliance with membership and decision‑making requirements.
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26 August 2021 |
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Secretary’s participation in Ward Tribunal decision-making renders the judgments null and mandates retrial.
Land law – Ward Tribunal procedure – Illegality of secretary participating in decision-making – Absence of coram entries – Procedural irregularity rendering judgment null and void – Remittal for retrial.
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26 August 2021 |