|
Citation
|
Judgment date
|
| October 2022 |
|
|
Delay in obtaining certified judgment copies justified a 21‑day extension to file the appeal for the applicant.
Land law — extension of time to appeal — application under section 41(2) Land Disputes Courts Act; Limitation — computation of period — exclusion of time spent obtaining certified copies under section 19(2) Law of Limitation Act — exclusion not automatic; party must apply for extension of time.
|
31 October 2022 |
|
High Court lacked pecuniary jurisdiction where only the house value fell below statutory threshold; suit struck out.
Land jurisdiction – High Court (Land Division) – scope under section 37(1) – recovery/possession of immovable property exceeding statutory pecuniary threshold. Pecuniary jurisdiction – valuation excludes movables and chattels; only land and affixed structures count. Preliminary objections – proper determination of jurisdictional issues as points of law (Mukisa principle). Res judicata – raised but not decided after disposal on jurisdiction.
|
31 October 2022 |
|
An interested non-party may seek revision of a tribunal decision; courts will not entertain unpleaded preliminary legal points.
Land law – Revision under s.43(1)(a),(b) LDCA – Interested non-party may challenge tribunal proceedings by revision rather than appeal. Civil procedure – Preliminary objection – parties are bound by their pleadings; unpleaded points of law cannot be entertained as surprise. Tribunal practice – Distinction between set-aside applications and revision in relation to ex-parte/execution orders.
|
31 October 2022 |
|
Applicant's medical evidence failed to account for inordinate delay; extension of time to appeal was refused.
Civil procedure – Extension of time – Applicant must account for every day of delay – Sickness may justify extension if properly explained and evidenced – Inordinate delay and unexplained periods justify refusal to extend time (Bushiri principle).
|
31 October 2022 |
|
Failure to join the Attorney General in proceedings against a municipal defendant renders the Tribunal decision incompetent and is quashed.
Government Proceedings Act s.6(2) – Joinder of Attorney General as necessary party in suits against government institutions – Procedural amendment applies retrospectively where hearing not commenced – Non‑joinder renders proceedings incompetent and liable to be quashed.
|
31 October 2022 |
|
Failure to prove joint title; registered Certificate of Title upheld and tribunal’s decision affirmed.
Land law – proof of ownership – registered title as prima facie proof of ownership; absence of appellant’s name defeats claim of joint ownership. Evidence – admissibility and sufficiency of documentary and oral evidence in land disputes. Jurisdiction – matrimonial/dowry disputes are matters for matrimonial/probate fora, not the Land Tribunal. Procedure – assessors’ opinions must be considered; tribunal may depart if reasons given.
|
31 October 2022 |
|
The plaintiff’s separate suit attacking a sale in execution was unmaintainable; remedy lies under Order XXI r.88 and s.38 CPC.
Civil Procedure — execution of decree — challenge to sale in execution — remedy under Order XXI Rule 88(1) CPC to set aside sale for material irregularity or fraud; Section 38 CPC — executing court’s exclusive jurisdiction to determine execution issues; separate suit attacking execution sale unmaintainable.
|
31 October 2022 |
|
Revision dismissed: tribunal’s consent Deed of Settlement upheld and court records presumed accurate.
Land law; revision under s.43(1)(b) Land Disputes Courts Act; consent Deed of Settlement; presumption of accuracy of court records; forgery allegations require proper challenge (criminal or evidential proof); revision limited to errors apparent on face of record or injustice.
|
31 October 2022 |
|
Applicant's sickness and filing of a second leave application did not constitute sufficient cause for extension of time.
Extension of time – discretion and sufficient cause; sickness and medical evidence – adequacy to explain delay; "technical delay" vs negligence; counsel's conduct and failure to peruse file not excusing delay.
|
31 October 2022 |
|
Appellant not a necessary party where land was transferred and he testified as witness; appeal dismissed with costs.
Land law – joinder of necessary parties – necessary party test (direct legal interest and being bound by outcome) – material witness vs necessary party – appellate courts will not entertain new grounds raised for first time on second appeal.
|
31 October 2022 |
|
Appeal dismissed: respondent’s documentary village allocation and testimony proved ownership on the balance of probabilities.
Land law – proof of ownership – documentary evidence and village allocation; credibility and weight of competing exhibits; admissibility and challenge of documents; substitution of administrator after defendant's death; appellate deference to trial court’s credibility findings.
|
31 October 2022 |
|
Leave to appeal is not maintainable after dismissal for want of prosecution; the correct remedy is to apply to set aside the dismissal.
Civil procedure — Leave to appeal — Application for leave to appeal to Court of Appeal — Not maintainable where underlying appeal was dismissed for want of prosecution — Proper remedy is application to set aside dismissal order; Section 47(2) Land Disputes Courts Act and Order XLII Rule 2 CPC considered.
|
31 October 2022 |
|
Tribunal complied with Regulation 23; applicant was heard and execution order was properly made and completed.
Land law — Execution proceedings — Regulation 23 GN.174/2003 — 14-day compliance period — Right to be heard in execution proceedings — Revisionary powers under s.43(1)(b) Land Disputes Courts Act — Written statement of defence not required for execution.
|
31 October 2022 |
|
Application for extension to file leave to appeal struck out as premature because no notice of intention to appeal was filed.
Civil procedure – Appeals to Court of Appeal – Requirement that notice of intention to appeal be lodged before applying for leave to appeal (Court of Appeal Rules, Rules 45(a) and 46(1)); Extension of time – application for extension to apply for leave to appeal incompetent if no notice of intention to appeal filed; Premature applications – applicant should await outcome of application to extend time for filing notice of appeal; Relevant authority: DPP v A.M. Swai and High Court precedents.
|
31 October 2022 |
|
Applicant's unexplained five‑year delay and lack of diligence warranted refusal to grant extension of time to appeal.
Extension of time – discretionary remedy – applicant must provide sufficient reasons and account for all delay; delay must not be inordinate. Requirement of diligence – ignorance of a judgment is not a sufficient excuse where record shows presence at delivery of ruling. Application for extension of time in land matters – principles in Mumello and Lyamuya applied.
|
31 October 2022 |
|
Extension of time to appeal granted where appellant obtained certified tribunal judgment and remained within statutory appeal period.
Civil procedure — Extension of time — Application under section 41(2) Land Disputes Courts Act and section 95 CPC — Judicial discretion and requirement of good cause. Limitation — Computation of appeal period — Section 19(2) Law of Limitation Act (exclude day of judgment and period to obtain copy). Delay attributed to tribunal's supply of certified judgment copy and personal/family difficulties — sufficiency of explanation.
|
31 October 2022 |
|
Applicant failed to establish Atilio v Mbowe requirements for interim injunction; application dismissed with costs.
Civil Procedure – Interim injunctions – Requirements in Atilio v Mbowe: serious question to be tried; risk of irreparable harm; balance of convenience – Order XXXVII Rule 1(a) CPC – necessity to prove likely damage or loss in affidavit.
|
31 October 2022 |
|
Applicant’s medical evidence failed to account for inordinate delay; extension of time to file review refused, no costs.
Extension of time – applicant must account for all delay – medical evidence insufficient to explain delay – inordinate delay – reliance on Mumello and Lyamuya guidelines – unproven execution claims inadmissible where not deponed to in affidavit.
|
31 October 2022 |
|
Appeal dismissed; trial tribunal's admission of exhibits, findings on capacity, ownership and damages upheld.
Land law – admissibility of exhibits and annexures; capacity to contract – minority and burden of proof; admissibility of land offer letters and registration; estoppel and proper party to sue; assessment of general damages; sufficiency of tribunal's reasons.
|
29 October 2022 |
|
|
29 October 2022 |
|
Delay awaiting tribunal decision copy excluded; extension to appeal granted, appeal to be filed within 21 days.
Land law – Extension of time to appeal under s.41(2) Land Disputes Courts Act; exclusion of delay while awaiting judgment copy under s.19(2) Law of Limitation Act; requirements for good cause (Lyamuya factors); allegation of illegality on face of record.
|
28 October 2022 |
|
An appeal filed beyond the 45‑day statutory period is time‑barred; online submission is incomplete until formally admitted.
Appeals — Limitation — Section 41(1),(2) Land and Disputes Courts Act — 45-day appeal period; Electronic filing — submission incomplete until admission, control number and payment; Correction of mis-cited statute — permissible where respondent can respond; Overriding objective and court vacation — cannot cure mandatory time-bar limits.
|
28 October 2022 |
|
Sale under a decretal settlement must be challenged in the executing court under Section 38 and O.XXI r.88.
Civil Procedure — Section 38 CPC — exclusive jurisdiction of executing court over execution, discharge and satisfaction of decrees; Order XXI r.88(1) CPC — remedy to set aside sale in execution for material irregularity or fraud; settlement deed adopted as decree; improper separate suit; suit struck out.
|
28 October 2022 |
|
The applicant must exhaust statutory execution methods before seeking arrest and detention of the judgment debtor.
Execution — civil imprisonment — application premature where other statutory modes of execution (delivery, attachment and sale) not exhausted; discretionary nature of detention; section 42, Civil Procedure Code; Order XXI execution rules.
|
28 October 2022 |
|
An ex parte tribunal decision must first be challenged by setting aside the order at the tribunal before seeking revision in High Court.
Civil procedure – Extension of time under Law of Limitations Act, s.14(1); Ex parte judgments – appropriate remedy is application to originating tribunal to set aside ex parte order before pursuing revision; Competence of forum – High Court may decline extension for revision if tribunal remedy remains available.
|
28 October 2022 |
|
Court ordered respondents to produce transfer-related documents under oath due to contradictory denials and lack of proof.
Discovery – Order XI Rules 10 & 12 CPC; production of documents relating to land sale and transfer; facilitator's custody and knowledge of documents; contradictions in counter-affidavits; failure to prove lawful non-possession or seizure; court-ordered discovery before trial; costs awarded to applicant.
|
28 October 2022 |
|
Applicant’s unexplained, inordinate delay and insufficient reasons warranted dismissal of the extension of time application.
Civil procedure – extension of time – discretion to grant – applicant must show sufficient cause and account for each day of delay. Court of Appeal Rules, Rule 83(5) – Notice of Appeal does not require attachment of the judgment. Illegality – must be apparent on the face of the record to justify extension of time. Procedural objections – objections raised late in submissions without justification may be disregarded.
|
28 October 2022 |
|
The applicant failed to prove customary ownership; the respondent's sale agreement and municipal records established superior title.
Land law – ownership – proof of title – documentary evidence and registration outweigh uncorroborated customary occupation. Burden of proof – he who alleges ownership must prove it; oral evidence unsupported by documents is insufficient. Admissibility and evidential weight of sale agreements, municipal verification forms, survey records, and payments towards certificate of title. Reliefs – claim for declaration, damages and eviction dismissed where applicant fails to prove ownership.
|
28 October 2022 |
|
Purchaser at a lawful bank auction acquires title under power of sale and can recover damages for denial of possession.
Land law – auction sale under power of sale – transfer of ownership and protection of a bona fide purchaser under the Land Act (ss.133,135). Civil procedure – counterclaim – ex parte proceedings where service admitted and no reply filed (Order VIII r.14 CPC). Damages – specific (special) damages must be pleaded and strictly proved; unproven periods not awarded. Reliefs – declaration of ownership, eviction order, permanent injunction, specific and general damages, costs.
|
28 October 2022 |
|
Applicant failed to show sufficient cause to set aside abatement for not substituting a legal representative within 90 days.
Civil procedure – Abatement and restoration – Order XXII Rules 3 & 9 CPC – Substitution of legal representative within 90 days – Time runs from death – Formal probate not prerequisite – Failure to show sufficient cause warrants dismissal.
|
28 October 2022 |
|
Leave to appeal granted because applicant’s grounds disclosed an arguable appeal on burden, evidence evaluation and reliefs.
Civil procedure – leave to appeal – discretionary power of High Court – focus on whether intended appeal raises arguable issues, questions of general importance or novel points of law; Evidence – allegations of shifting burden of proof and failure to re-evaluate evidence as grounds for arguable appeal; Reliefs – challenge to determination of reliefs may warrant appellate intervention; Relevant law: Land Disputes Courts Act s.47, Appellate Jurisdiction Act s.5(1)(c), Court of Appeal Rules Rule 45(a), Civil Procedure Code s.95.
|
27 October 2022 |
|
Plaintiff’s suit dismissed for failure to comply with court orders after procedural non‑compliance by parties.
Civil procedure – preliminary objections – failure to file ordered written submissions – dismissal for want of prosecution; procedural compliance – parties’ failure to address competence – dismissal of suit; court orders – binding nature and consequences of non‑compliance.
|
27 October 2022 |
|
Applicant failed to satisfy Atilio criteria for an interim injunction; application dismissed with costs.
Civil Procedure – Interim injunction – Application under Order XXXVII Rule 1(a) and sections 68(c), 95 CPC – Applicant must satisfy Atilio v Mbowe three‑part test (serious triable issue, irreparable injury, balance of convenience). Parties – Proper parties and locus standi – court considered whether application was brought against correct parties. Evidence – Allegations of confiscation/demolition insufficiently linked to respondents; denial of involvement undermined grant of interlocutory relief.
|
27 October 2022 |
|
Change of chairperson without recorded reasons and unsigned witness evidence render tribunal proceedings null; retrial ordered.
Land law — Procedural irregularities in tribunal proceedings — Succession of chairpersons without reasons — Jurisdiction and nullity; Assessors’ questions — proper stage; Mandatory signing of witness evidence — authentication and incurable irregularity; Revisionary powers — order for retrial de novo.
|
27 October 2022 |
|
Court overruled preliminary objections on limitation, cause of action, and compensation for lack of proof.
Land law – limitation period – accrual of cause of action – limitation runs from date of disposition of land; inability to prove disposition date defeats time-bar objection. Civil procedure – cause of action – sufficiency of plaint; allegations of non-citizenship unproven and do not defeat plaint at preliminary stage. Procedural remedy – dispute over unpaid compensation is a factual matter for trial or counterclaim, not a preliminary objection.
|
27 October 2022 |
|
Application to restore dismissed land appeal denied for failure to show sufficient cause; advocate's negligence imputed to applicant.
Civil Procedure — Order IX Rule 6(1) — Setting aside dismissal for non-appearance — "Sufficient cause" required. Evidence — Adequacy of proof for claimed reasons (bus tickets insufficient to prove funeral attendance). Legal representation — Negligence of advocate imputable to client; client cannot benefit from advocate's default (Kepha Huzi precedent). Restoration of proceedings — applicant must show satisfactory cause to warrant restoration.
|
27 October 2022 |
|
Leave to appeal granted where grounds raised prima facie arguable points on land ownership, survey nullification and burden of proof.
Land law – leave to appeal under s.47(2) Land Disputes Courts Act – discretionary grant where grounds disclose prima facie/arguable appeal; issues include ownership proof, nullification of survey versus resurvey, applicable burden of proof (ss.110/111 v s.119 Evidence Act), re-evaluation of evidence, and retrospectivity/applicability of planning/survey statutes.
|
26 October 2022 |
|
Leave to appeal refused where affidavit failed to disclose specific prima facie or arguable grounds.
Leave to Appeal – Requirements for grant of leave – need for prima facie/arguable grounds or novel point of law; supporting affidavit must specifically plead grounds; court will not accept new points raised only in oral submissions; mere assertion of illegality insufficient.
|
26 October 2022 |
|
Applicant's failure to prove marriage meant the mortgage's spousal-consent requirements were not displaced; appeal dismissed.
Land law – Mortgage validity – requirement of spousal consent for matrimonial home under the Land Act; proof of marriage under the Law of Marriage Act (Section 55); Civil procedure – jurisdictional limits of District Land and Housing Tribunal regarding matrimonial disputes; Evidence – burden to prove marital status by admissible documents, not mere occupation.
|
26 October 2022 |
|
Appellant failed to overturn tribunal’s finding that respondent proved land ownership by admissible documentary evidence.
Land law – proof of title – burden of proof on balance of probabilities; documentary evidence admitted without objection carries significant weight. Evidence – credibility and weight – court may distrust documents that appear anachronistic or computer‑generated for an earlier era. Procedure – substitution/joinder of administrator where defendant dies during proceedings; no need to reopen where administrator steps in and files requisite form. Civil practice – failure to challenge exhibits or cross‑examine on key inconsistencies can render such objections an afterthought.
|
26 October 2022 |
|
Advocate’s sickness may justify restoring a dismissed matter, but repeated non-appearance and lack of explanation warrant dismissal with costs.
Land procedure – setting aside dismissal for want of prosecution – advocate’s sickness as ground – need for adequate explanation and supporting affidavit – cumulative non-appearance justifying dismissal – duty to notify court or appear personally.
|
26 October 2022 |
|
Applicant's delay in filing an appeal was not excused; alleged illegalities were not apparent on the face of the record.
Land — Extension of time to appeal — requirement to show sufficient cause; applicant must account for each day of delay; alleged illegality must be apparent on face of record (Lyamuya principle); financial hardship requires credible, specific proof.
|
26 October 2022 |
|
Medical evidence was insufficient to show good cause to set aside the ex-parte judgment; application dismissed with costs.
Civil procedure – setting aside ex-parte judgment – requirement to show 'good cause' under s.95 and Order VIII r.15(1) CPC – medical evidence as proof of sickness – sufficiency and timing of medical chits – prior extension of time and failure to comply – irrelevance of property transfer to setting aside application.
|
26 October 2022 |
|
Res judicata and functus officio objections overruled where prior proceedings did not decide the same land dispute and reliefs.
Land law — res judicata (s.9 CPC) — identity of subject matter — requirement that matter be directly and substantially in issue in former suit — functus officio — preliminary objections and need for evidence to establish identity of land and reliefs.
|
26 October 2022 |
|
Subsequent suit challenging the same mortgage was barred as abuse of process/res judicata; suit struck out with costs.
Land law – res judicata/abuse of process – functus officio where prior dismissal finally disposed of same subject matter; Civil procedure – preliminary objections on limitation and Order IX compliance; Reliefs/substance over form in determining same cause of action.
|
26 October 2022 |
|
First objection (time bar) overruled; second objection (amendment beyond court order) sustained — plaintiffs changed parties without leave.
Land law — preliminary objections — limitation: compensation under Item 1 of the Law of Limitation Act — private promise vs. claims "in pursuance of any written law"; Civil procedure — amendment of pleadings — compliance with court orders — adding/removing parties requires leave of court; non‑compliance may amount to contempt.
|
25 October 2022 |
|
Amending a plaint beyond a court’s leave by changing parties justifies striking out the suit; limitation objection was dismissed.
Civil procedure – preliminary objections – limitation of actions – distinction between compensation pursuant to written law and private commitments under Limitation Act. Civil procedure – amendment of pleadings – parties – requirement to seek leave before changing parties – compliance with specific court orders. Failure to comply with court orders may result in striking out of suit and costs.
|
25 October 2022 |
|
Failure to attach lower tribunal proceedings does not invalidate a High Court revision application under the Land Disputes Courts Act.
Land law – Revision – Whether attachment of lower tribunal proceedings is required in High Court revision applications – Sections 41(1) and 43(1)(a),(b) Land Disputes Courts Act – Distinction between Court of Appeal and High Court practice.
|
25 October 2022 |
|
Applicant's request for extension was dismissed; delay blamed on applicant's negligence and alleged illegality was not facially apparent.
Civil procedure – Extension of time – whether delay in supply of certified copies by trial tribunal constitutes sufficient cause; burden to show timely follow-ups and explain days of delay. Appeal – grounds of illegality – illegality must be apparent on the face of the record to support extension of time. Evidence – applicant must account for all periods of delay and provide concrete proof of attempts to obtain records.
|
25 October 2022 |
|
Extension refused: delay not accounted and alleged illegality not apparent on the record.
Land law – Extension of time to appeal under section 41(2) Land Disputes Courts Act; requirements for good cause (promptness, explanation, diligence, accounting for delay); illegality as ground for extension only if apparent on face of record; alleged matrimonial property sale not an apparent illegality; ignorance of law or lack of legal representation not a sufficient ground.
|
25 October 2022 |