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Citation
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Judgment date
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| December 2021 |
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Appellant ordered to refund auction proceeds after bank evidence showed deposits and unrefuted withdrawals.
Land law – illegal auction of property – bank statements as primary proof of sale proceeds – burden shifts to account holder to rebut withdrawals – obligation to refund proceeds where sale void – appeal dismissed with costs.
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1 December 2021 |
| November 2021 |
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Court grants leave for a representative suit under Order I Rule 8, excluding three individuals lacking signed authorization.
Representative suits – Order I Rule 8 CPC – leave to sue on behalf of numerous persons – proof of existence and authorization – admissibility of minutes and affidavit – preliminary objection on affidavit deponent timing.
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30 November 2021 |
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Court granted temporary injunction restraining sale of disputed mortgaged house pending determination of the main land suit.
Civil Procedure – Order XXXVII Rule 1(a) – Temporary injunction – Requirements in Attilio v Mbowe: triable issue, irreparable harm, balance of convenience – Disputed ownership of mortgaged land – Injunction pending main suit.
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30 November 2021 |
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Court found defendant had authority to sell land and purchasers acquired valid title; suit dismissed with costs.
Land law – authority to sell – oral and documentary evidence of authorization – credibility of witnesses; transfer of title to purchasers who bought from an authorized broker; remedy – dismissal of suit, decree of ownership and permanent injunction.
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30 November 2021 |
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A taxing master's discretionary award stands where it was reasonably and judiciously exercised despite large disallowances.
Advocates' Remuneration Order 2015 — Order 48 — effect of disallowance exceeding one‑sixth on entitlement to costs of taxation; Taxation — discretion of Taxing Master — assessment of instruction fees and reasonableness; Review standard — court will only intervene where taxing officer exercised discretion injudiciously or unreasonably.
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30 November 2021 |
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Appeal partly allowed and remitted for locus in quo after appellant failed to prove ownership or proper capacity to sue.
Land law – ownership disputes – burden of proof under s.110 Evidence Act; locus standi to sue over deceased’s land; locus in quo inspection; appellate remit for on‑site findings.
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30 November 2021 |
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Plaintiff's claim to set aside sale in execution was time-barred under the Law of Limitation Act; suit dismissed with costs.
Limitation of actions — suit to set aside sale in execution — item 4 Part I Schedule, Law of Limitation Act — two-year limitation; alternative characterisation as contract claim — six-year limitation; pleadings determine true nature of cause of action; preliminary objection dispositive.
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30 November 2021 |
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Extension application struck out as premature for failing to first set aside the ex parte tribunal ruling.
Land law 1 Extension of time to appeal 1 Requirement to set aside ex parte judgment before pursuing extension; Preliminary objections 1 Prematurity and competence of applications; Res judicata; Affidavit sufficiency and proper citation of revised statutes.
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30 November 2021 |
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Late filing of submissions without seeking leave amounted to failure to prosecute; extension refused and application dismissed with costs.
Civil procedure – extension of time under section 41(2) Land Disputes Courts Act – non-compliance with court-ordered filing schedule – failure to prosecute – late written submissions without leave – dismissal with costs.
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29 November 2021 |
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Revision is limited to errors, illegality or jurisdictional defects; dissatisfaction merits appeal, not revision.
Land Disputes Courts Act s.43(1)(a)(b) — Revision — scope limited to apparent error, illegality, jurisdictional defects or material irregularity — dissatisfaction and delay are matters for appeal — extension of time and negligence.
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29 November 2021 |
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Applicants failed to prove sufficient cause for extension of time; application dismissed with costs.
Extension of time — discretionary relief — requirement to show sufficient cause and account for each day of delay; illness and bereavement — need for supporting proof; procedural irregularity — assessors' opinion must be referred in judgment but mere allegation requires verification.
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29 November 2021 |
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Applicants failed to satisfy the cumulative test for a stay; sale of mortgaged security is not irreparable harm.
Stay of execution — requirements: prima facie success, irreparable loss, balance of convenience; mortgaged property sale not ordinarily irreparable; execution-related issues to be determined by executing court under s.38(1) CPC; restraint on mortgagee requires allegations of fraud/collusion.
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29 November 2021 |
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Sale of company shares did not transfer land; government transfer invalid; plaintiff retained ownership; 3rd defendant a licensee.
Property law – corporate separability – sale of shares does not transfer company immovable assets; nemo dat quod non habet; validity of government transfer instrument; interpretation of excluded-assets clause in Sale of Shares and Shareholders' Agreement; recognition of licence/right of use versus ownership.
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29 November 2021 |
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Applicant showed prima facie interest in attached land; court released property from execution sale and granted costs.
Land — Third‑party objections to execution — Order XXI Rules 57–59 CPC — Requirement to prove interest or possession at date of attachment — Certificate of Sale establishes prima facie interest — Allegations of forgery require separate proceedings — Executing procedure challenges secondary to proving interest.
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29 November 2021 |
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An application was struck out for being incompetently pleaded and inconsistent between the summons and hearing submissions.
Civil procedure — Proper procedural basis for interim relief (status quo vs injunction) — Parties bound by pleadings — Inconsistency between chamber summons and oral submissions — Competence of application — Application struck out with costs.
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26 November 2021 |
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Appeal dismissed: ward tribunal had jurisdiction and unstamped sale agreement was admissible; authenticity challenge untimely on appeal.
Land law – jurisdiction of Ward Tribunal – pecuniary limit (TSh 3,000,000) – proof by valuation required to challenge jurisdiction. Evidence – admissibility and authenticity – objection must be raised at trial; appellate court not for new evidence. Stamp Duty Act – exemption for instruments executed before government authorities (s.47(1)(e)) – absence of stamp duty not necessarily fatal to admissibility. Procedural estoppel – failure to object at trial bars raising authenticity complaints on appeal.
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26 November 2021 |
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Court upheld site-visit finding locating the structures on the respondent's land but expunged the unexplained costs order.
Land law – trespass (claim concerning structures) not an ownership claim – proper identification of issue before tribunal. Evidence – importance of locus in quo/site visit and accompanying record (measurements/drawings) in land disputes. Burden of proof – party asserting facts must prove them; weighing of evidence where competing claims exist. Settlement/consent agreements – relevance to ownership/use of disputed structures. Civil procedure – awarding of costs requires reasons; consideration of indigence/in forma pauperis when awarding costs.
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26 November 2021 |
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Applicant failed to establish good cause for extension of time; delay unaccounted and illegality claims not pleaded in affidavit.
Civil procedure — Extension of time — Discretionary but judicial exercise — Lyamuya factors: account for each day of delay, inordinate delay, diligence, and arguable point of law/illegality. Evidence — Alleged delay in supply of certified judgment requires documentary proof (e.g., receipt). Affidavit rule — Points of illegality must be pleaded in affidavit; submissions are not evidence. Prejudice — Applicant must show respondents will not be prejudiced by extension.
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26 November 2021 |
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Earlier purchaser holds superior title; privately-initiated survey without neighbours is void and plaintiffs’ title is nullified.
Land law – double sale of land – priority principle and nemo dat quod non habet – validity of privately-initiated survey – requirement to involve neighbours – nullity of certificate of title procured from invalid survey – lawful possession by subsequent purchaser from earlier bona fide buyer.
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26 November 2021 |
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Application to suspend eviction dismissed where registered title and court decree trump village allocation documents.
Land law – execution of decree – application to suspend eviction pending objection proceedings; interplay between village allocation documents and registered title/decree. Evidence – sufficiency of village allocation documents to displace registered title. Civil procedure – parties to earlier proceedings who failed to challenge ex parte judgments must pursue proper legal remedies.
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26 November 2021 |
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The applicant’s appeal was struck out for filing out of time without leave and for incorrect appeal classification.
Civil procedure – Extension of time – compliance with a limited extension order; further delay requires leave of court. Appeal classification – Appeals originating from Ward Tribunals must be instituted as Miscellaneous Land Appeals; wrong classification affects competence. Procedural competence – filing out of time and failure to obtain leave render an appeal incompetent. Failure to respond – neglecting to file a rejoinder on competence issues may amount to admission of opposing submissions.
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25 November 2021 |
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Appeal struck out for being filed late contrary to extension order and improperly classified; no order as to costs.
Land procedure — Extension of time — Compliance with court-ordered time limit — Filing out of time without leave — Competence of appeal — Correct classification of appeals originating from Ward Tribunal (Misc. Land Appeal) — Failure to reply/rejoinder treated as admission — Striking out incompetent appeals.
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25 November 2021 |
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Court upholds joint ownership and bars challenge to an unstamped document the appellant himself tendered.
Land law – joint ownership – interpretation of sale agreement; Evidence – admissibility of unstamped document – party who tenders document cannot later challenge its admissibility; Evaluation of conflicting evidence – heavier evidence determines dispute; Appeal dismissed.
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25 November 2021 |
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Extension refused where delay arose from applicant's negligence and unexplained periods of inaction.
Extension of time – Law of Limitation Act s14(1) – requirement to show sufficient cause Appeal time-limit – Land Disputes Courts Act s41(1),(2) – 45 days for filing appeal Delay attribution – negligence of applicant/counsel versus tribunal's failure to supply copies Unexplained delay – accounting for periods of inaction defeats claim for extension Relief – application dismissed with costs
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25 November 2021 |
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Extension of time application dismissed for want of prosecution after written submissions were filed late without leave.
Land procedure – Application for extension of time – Written submissions timetable – Late filing without leave – Failure to prosecute – Dismissal for want of prosecution; Appellate Jurisdiction Act s.11(1).
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25 November 2021 |
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Application for extension of time dismissed for want of prosecution due to late filing of written submissions without leave.
Civil procedure – extension of time – application under s.11(1) Appellate Jurisdiction Act – importance of complying with court-ordered timetable for written submissions. Civil procedure – written submissions filed out of time without leave – treated as non-filing – failure to prosecute. Precedent – reliance on authority that non-compliance with filing directions may justify dismissal for want of prosecution.
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25 November 2021 |
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A granted right of occupancy does not extinguish a prior deemed right without fair compensation; defendant declared owner.
Land law – deemed right of occupancy v. granted right of occupancy – possession and developments prior to allocation – requirement of fair and adequate compensation for unexhausted improvements – title registration not conclusive evidence of substantive ownership – remedies: declaration, removal from register, issuance of certificate of occupancy, injunction, damages and costs.
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25 November 2021 |
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Court disregarded certificate prayer as improper, proceeded with leave-to-appeal application, and ordered applicant to pay costs.
Land law — Appeals — Section 47 Land Disputes Courts Act — Distinction between leave to appeal (second appeal, s.47(2)) and certificate on points of law (third appeal, s.47(3)); omnibus chamber summons; competence of affidavits and disqualification of commissioners for oaths under s.7 Cap 12.
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25 November 2021 |
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Application struck out where affidavit contained false averments and the summons improperly combined leave and certificate prayers.
Land law – appeals – Section 47 Land Disputes Courts Act – distinction between leave to appeal (s47(2)) and certificate on points of law (s47(3)); affidavits – commissioner for oaths and advocate’s interest (s7 Cap 12); civil procedure – affidavits confined to matters within deponent’s knowledge (Order XIX r3(1) CPC); omnibus prayers – impermissible combination of distinct statutory remedies.
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25 November 2021 |
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Only a defendant may bring a counterclaim; a stranger cannot be joined as a co‑plaintiff in a counterclaim.
Land case – amendment of defence to introduce counterclaim; Civil Procedure – Order VIII Rules 9(1) and 10(1) – nature of counterclaims; joinder of parties – third parties may be joined as defendants to a counterclaim but not as plaintiffs; locus and mandate issues not determined after primary objection sustained.
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25 November 2021 |
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A third party cannot be joined as co‑plaintiff in a defendant's counterclaim; the amended counterclaim was struck out.
Civil Procedure — Counterclaim — Order VIII Rules 9(1) & 10(1) — scope and meaning of counterclaim; Joinder — third parties may be joined as defendants in a counterclaim but cannot be added as co‑plaintiffs; Locus — a stranger to the original suit lacks locus to bring a counterclaim as plaintiff; Relief — amended counterclaim struck out for contravening Order VIII.
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25 November 2021 |
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The applicant's appeal was struck out as time-barred under section 41(2); the merits were not considered.
Civil procedure – Appeal – Time bar – Competency of appeal under section 41(2) of the Land Disputes Courts Act, Cap 216 R.E. 2019 – computation of filing period from delivery or supply of judgment copy. Procedural competence – Where an appeal is filed out of time the court will strike it out without considering the merits.
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25 November 2021 |
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The applicant's land appeal was struck out as time-barred under section 41(2) of the Land Disputes Courts Act.
Land law – Appeal – Limitation period – Competency of appeal – Application of section 41(2) Land Disputes Courts Act (Cap 216 R.E. 2019) – Appeal struck out as time-barred.
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25 November 2021 |
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High Court lacks jurisdiction where the suit property value is under Tshs.300,000,000; suit struck out.
Land law; pecuniary jurisdiction of High Court; District Land and Housing Tribunal jurisdiction under Sections 33(2)(a) and 37(1)(a) LDCA; annexures as part of pleadings for jurisdictional valuation; requirement to institute suit in lowest competent court (Section 13 CPC).
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25 November 2021 |
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High Court lacked pecuniary jurisdiction as the suit property's value (Tshs.113M) fell within the District Land Tribunal's jurisdiction.
Land law – jurisdiction – pecuniary jurisdiction of High Court under Land Disputes Courts Act; annexures to pleadings – valuation report as part of the plaint; procedural law – requirement to institute suit in the lowest court competent (Section 13 Civil Procedure Code); remedy for wrong forum – striking out and liberty to institute in competent tribunal.
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25 November 2021 |
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Failure to visit the locus in quo justified nullifying the trial tribunal's judgment and remitting the land dispute for fresh determination.
Land — ownership and title — conflicting oral evidence on location and extent of disputed parcel — necessity of locus in quo inspection; ocular inspection to resolve physical and boundary disputes; failure to visit locus in quo as reversible procedural error; remittal for fresh determination.
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24 November 2021 |
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Applicant claiming registered ownership is a necessary party and must be joined to enable effective adjudication.
Civil procedure – Joinder of parties – Order 1 Rule 10(2) CPC – Necessary party test: (a) right or relief against the party in respect of matters in suit; (b) inability to pass an effective decree in party’s absence. Land law – ownership dispute and executability of decree – risk of multiplicity of suits. Allegations challenging Court-issued Certificate of Sale may require separate proceedings.
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24 November 2021 |
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Substitution of successor company refused for lack of proof of completed transfer and absence of board resolution.
Companies — substitution of parties in litigation; corporate succession and proof of merger/transfer (notice of transfer vs completion); regulatory approval conditional on winding-up; Companies Act s.147 — requirement for board resolution authorizing proceedings; Civil Procedure — O. XXII r.10(1) substitution; competence of application where transfer not proven.
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24 November 2021 |
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An uncorroborated sale agreement cannot establish ownership of village land; plaintiff’s claim for possession and damages dismissed.
Land law – proof of ownership – sale agreement valid in form but insufficient without corroboration and proof of vendor's antecedent title. Burden of proof – civil standard (balance of probabilities) – plaintiff must prove chain of title for village land. Trespass – claimant must first establish lawful ownership or possession to succeed in trespass and damage claims. Evidence – documentary evidence requires corroborating witnesses, especially where village land or chain of title is in issue.
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24 November 2021 |
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Tribunal’s decision upheld: subletting authorised by lease/deeds, 2018 variation did not supersede prior terms, challenged notice was invalid.
Land law – jurisdiction of District Land and Housing Tribunal – pecuniary jurisdiction and requirement of valuation report; Lease agreements and deed(s) of variation – construction of subletting clauses and sufficiency of "previous written consent" under s.89(1)(i) Land Act; Deed of variation – effect and whether it supersedes prior agreements; Breach of lease – whether subletting amounted to fundamental breach; Remedies – specific performance vs damages; Notices under Land Act s.105 – validity and required procedural content.
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24 November 2021 |
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Applicant allowed to withdraw land application orally due to defective pleadings, with liberty to refile and no costs.
Civil procedure — withdrawal of application — oral application under Civil Procedure Code (Order XLIII Rule 2) — service and surprise — preliminary objection — costs.
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24 November 2021 |
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Applicant’s review dismissed for failing to prove strict unavailability of alleged new evidence; procedural strictness upheld.
Civil procedure – Review of judgment – discovery of new and important matter or evidence – requirement of strict proof that evidence was not within applicant’s knowledge or could not be produced (Order XLII Rule 4(2)(b)). Evidence – relevance and availability of documents – Memorandum of Understanding and colleague’s affidavit insufficiently shown to be unavailable at earlier hearing. Procedural law – mandatory procedural requirements cannot be overridden by general appeals to constitutional justice or overriding objective.
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23 November 2021 |
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Leave to appeal granted on issues of administrator's locus standi, appellate suo motu action, and admissibility of exhibits.
Civil procedure – Leave to appeal to Court of Appeal – section 47(2) Land Disputes Courts Act – requirements for grant of leave. Locus standi – administrator’s proof of appointment – whether failure to prove appointment affects right to defend. Appellate jurisdiction – raising issues suo motu – right to be heard. Evidence – admissibility/defectiveness of exhibits – whether may be argued first on appeal.
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23 November 2021 |
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Extension to file review refused for lack of proof of illness, failure to account delay, and improper review grounds.
Extension of time; requirement to show sufficient cause and account for each day of delay; evidence to prove sickness; limitation on review grounds (must conform to Rule 66(1) or equivalent); alleged illegality alone insufficient.
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23 November 2021 |
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Extension denied where applicant failed to prove illness, account for delay, and proposed review lacked permissible grounds.
Extension of time – granting requires sufficient cause and accounting for each day of delay. Proof of illness – unsupported allegations of sickness carry no weight. Review – available only in limited circumstances; alleged illegality or dissatisfaction insufficient unless review grounds fall within permitted rule. Procedural requirement – affidavit must show proposed review is predicated on permissible grounds (Rule 66(1) principle).
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23 November 2021 |
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Appellant failed to show tribunal abused its discretion in refusing extension due to unpleaded facts and lack of supporting affidavit.
Land procedure — Application for extension of time — Exercise of judicial discretion — Requirements for showing ‘good cause’ — New allegations not in supporting affidavit cannot constitute good cause — Notice of hearing/judgment.
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22 November 2021 |
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The applicant was granted extension to appeal because an apparent illegality concerning tribunal assessors constituted sufficient cause.
Land procedure — Extension of time under s.41(1)&(2) Land Disputes Courts Act — Good cause requirement — Technical delay insufficient where days not accounted for — Illegality apparent on record (assessors' presence/notation) can constitute sufficient cause — Authorities: Mbogo; Principal Secretary v Valambhia; Lyamuya Construction.
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22 November 2021 |
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High Court lacks jurisdiction to extend time for service of Notice of Appeal; such power lies with the Court of Appeal.
Jurisdiction — High Court v Court of Appeal; extension of time to serve Notice of Appeal and request certified copies — Rule 10 Court of Appeal Rules v Section 14(1) Law of Limitation Act; meaning of "Court" in Court of Appeal Rules; procedural competence to extend time for acts under Rules.
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22 November 2021 |
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Extension of time granted due to apparent illegality on the record despite inadequate accounting for technical delay.
Civil procedure – Extension of time – discretionary but judicial exercise – applicant must account for all days of delay, show diligence and absence of inordinate delay (Mbogo; Lyamuya). Technical delay – delay caused by late supply of judgment copies may be excusable but applicant must account for intervening days. Illegality – point of law or illegality apparent on the face of the record may constitute sufficient cause to enlarge time (Valambhia). Land law – locus standi and proper joinder/ consolidation of parties and counterclaims relevant to challenge of Tribunal decisions.
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22 November 2021 |
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Extension of time application struck out for failure to attach judgment and to prove or account for delay.
Land law — Extension of time to appeal — Applicant must attach impugned judgment and account for each day of delay — Allegations of unfair evaluation require particularisation and evidence — Delay allegedly due to tribunal must be proved by authenticated requests/receipts.
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22 November 2021 |