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Citation
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Judgment date
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| February 2022 |
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Interim injunction granted to restrain sale of properties pending trial over mortgage validity and spouse consent.
Civil procedure – interlocutory injunction – application of Atilio v Mbowe criteria (prima facie case; balance of convenience; irreparable harm) – challenge to mortgage validity and spousal consent – interim restraint on sale of charged properties pending main suit.
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28 February 2022 |
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Extension of time refused where applicant failed to account for over two months' delay in filing appeal.
Extension of time – requirement to establish sufficient cause and account for each day of delay; delay in obtaining certified copies; layperson seeking legal assistance not automatically sufficient excuse.
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28 February 2022 |
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Unsigned, unwitnessed, and undetailed proof of sale insufficient to transfer ownership; administrator declared lawful owner.
Land law – validity of sale agreement – requirement of proper signature, witness and identification/description of immovable property. Evidence – admissibility versus evaluation of exhibits – court must scrutinize disputed documents' probative value. Succession/administration – usufructuary rights versus ownership; administrator's entitlement to estate property.
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28 February 2022 |
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Application to restore an abated land suit struck out for failure to join legal representative within mandatory 90 days.
Land law — abatement of proceedings — Order XXII Rule 3(1) Civil Procedure Code — legal representative of deceased party — Law of Limitation Act Part III item 16 (90 days) — locus standi — incompetence — striking out application.
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28 February 2022 |
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Preliminary objection on an administrator’s locus standi dismissed as premature pending review of probate records.
Land law & Probate – locus standi of administrator – preliminary objection prematurity where factual probate record required to determine administration status under s.107(1),(2) Probate and Administration of Estates Act; Civil procedure – preliminary objection must raise pure point of law based on ascertained facts (Mukisa Biscuit principle).
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28 February 2022 |
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Appeal dismissed; trial tribunal's finding of respondents' ownership upheld due to appellant's failure to adduce evidence.
Land dispute — ownership and measurement — weight of evidence and burden of proof (s.110 Evidence Act) — failure to call material witnesses — adverse inference — documentary proof (sale agreements) preferred to uncorroborated oral claim.
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28 February 2022 |
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Apparent illegalities on the face of the record can justify granting extension of time to appeal.
Land law — Extension of time — Allegation of illegalities apparent on face of record may constitute sufficient reason for extension; extension discretionary but to be exercised where clear points of law or jurisdictional defects appear; appellate court should consider apparent irregularities rather than have trial tribunal decide merits of those issues; power of attorney dated after proceedings creates an apparent irregularity warranting extension.
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28 February 2022 |
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An application to extend time to appeal an execution order is incompetent because execution orders are not appealable.
Land procedure – Extension of time – Application to appeal execution order – Competence – Execution orders not appealable; Remedy by revision. Procedural law – Overriding objective – Cannot cure defects touching the root of the case.
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28 February 2022 |
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Plaintiff, having accepted assessed compensation, was awarded only interest for delayed payment; all other claims were dismissed.
Compulsory acquisition — consent to assessed compensation and estoppel; prompt payment rule — six‑month period and interest for delay; proof required for enhanced market value, loss of income and specified damages.
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28 February 2022 |
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Revision dismissed; appeal, not revision, was the proper remedy to challenge refusal of extension of time.
Land law – Extension of time to file appeal – Applicant’s reasons for delay – Procedural requirement of counter-affidavit – Revision under section 43(1)(b) vs statutory right of appeal under section 38(1) – Revision not substitute for appeal.
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28 February 2022 |
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Applicant granted interim injunction restraining respondent from auctioning mortgaged property pending resolution of dispute over loan repayment.
Civil procedure – interlocutory injunctions – Atilio v Mbowe tests: triable issue, irreparable harm, balance of convenience. Mortgage law – power of sale – court may restrain sale to prevent rendering suit nugatory; interference limited absent corruption or collusion. Pending auction – risk of vesting title in third party and making substantive suit ineffective.
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28 February 2022 |
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Application to set aside dismissal was filed within the 30‑day limitation; preliminary objections overruled without costs.
Civil procedure — setting aside dismissal — limitation period — Item 4, Part III, First Schedule, Law of Limitation Act (30 days) — preliminary objection of time‑bar dismissed.
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28 February 2022 |
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A land claim by the applicant was barred by res judicata because the same property and cause had already been finally decided.
Land law; res judicata – applicability where subject matter and cause of action are identical; section 9 Civil Procedure Code; effect of non‑party/privy status; finality of judgments; administrator of estate insufficiency not reopening decided land dispute.
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28 February 2022 |
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Leave to appeal granted where prima facie illegality and arguable issues over land subdivision and estate distribution merit Court of Appeal review.
Land law – leave to appeal – section 47(2) Land Disputes Courts Act and section 5(1)(c) Appellate Jurisdiction Act – test for leave: prima facie arguable issues – alleged illegality: subdivision of registered land without Commissioner’s consent and without survey demarcation; administratrix’s distribution of estate.
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28 February 2022 |
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Bank’s mortgage and facility were nullified for lack of due diligence and impersonation; plaintiff declared lawful owner.
Land law – mortgage and security documents – due diligence by bank; impersonation and forgery – nullity of mortgage and facility letter; ownership of land – Certificate of Title – protection of lawful owner; counterclaim for loan repayment dismissed where mortgage procurement invalid.
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28 February 2022 |
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Applicant failed to establish good cause for extension; unexplained delay and unsupported illegality claim led to dismissal.
Civil procedure — Extension of time — Good cause discretionary and fact-specific; pursuing wrong remedy may suffice but requires full explanation. Allegation of illegality — Must be supported by prima facie evidence to justify extension. Applicant must account for entire period of delay; unexplained delay undermines request. Costs follow the event.
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28 February 2022 |
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28 February 2022 |
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Application struck out because the supporting affidavit was attested by an advocate without a valid practising certificate.
Civil procedure – chamber summons must be supported by a valid affidavit (Order XLIII, Rule 2 CPC). Advocates Act – practising certificate required for an advocate to attest affidavits; attestation by unqualified advocate renders affidavit incurably defective. Defective supporting affidavit – incompetence of the application and consequence of striking out. Preliminary objections – where a dispositive preliminary point is sustained, remaining objections need not be determined.
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28 February 2022 |
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Allocation documents signed by an unproven village officer lacked probative value; appellant proved ownership on balance of probabilities.
Land law — ownership dispute — validity of village land allocation — probative value of allocation documents signed by an alleged acting Village Executive Officer without proof of appointment — burden and standard of proof in civil land disputes (balance of probabilities).
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28 February 2022 |
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Second appeal dismissed: fresh adverse-possession and procedural complaints cannot be raised and trial tribunals' ownership findings upheld.
Land law – second appeal – new grounds raised for first time in second appeal; adverse possession – cannot be raised for first time at second appellate level; burden of proof under section 110 Evidence Act – party alleging allocation/purchase must prove it; credibility findings of trial tribunal not lightly disturbed by appellate court; village land ownership and allocation evidence required.
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25 February 2022 |
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Alleged unauthorized deponent raised a factual dispute, not apparent illegality; extension of time to file review was refused.
Civil procedure – extension of time – discretionary relief – requires sufficient cause; illegality may justify extension only if apparent on the face of the record; allegations raising factual disputes are not facial illegality and do not alone warrant extension.
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25 February 2022 |
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Application struck out as earlier withdrawal did not grant leave to refile under Order XXIII, precluding subsequent filing.
Civil Procedure – Order XXIII Rules 1(2) and 1(3) – withdrawal of suit and liberty to institute a fresh suit – where no leave to refile granted, subsequent filing is incompetent. Procedure – preliminary objection to competence of application – court to determine whether prior order granted leave to refile. Remedy – review application appropriate for correcting clerical/error in prior order.
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25 February 2022 |
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Revision is improper where an appeal lies; the revisional application was struck out as incompetent and dismissed without costs.
Land law — Procedure — Revision v Appeal — Revisional jurisdiction unavailable where right of appeal exists; matters such as absence of assessors, extension of time for pleadings and summons/service are appealable; failure to file court-ordered written submissions equates to non-appearance permitting ex parte determination.
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25 February 2022 |
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Leave to appeal granted where prima facie issues include unaddressed grounds and assessors’ recording defects.
Land – Leave to appeal – Requirement of prima facie arguable issues meriting appellate attention – Procedural timeliness – Duty to address grounds of appeal – Assessors: failure to record names/opinions and to read opinions to parties.
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25 February 2022 |
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Technical delay and prompt action justified extension of time; alleged illegality was not apparent on the record.
Land law — extension of time to file revision — application under Law of Limitation Act, Land Disputes Courts Act and Civil Procedure Code — grounds: illegality and technical delay — illegality must be apparent on the face of the record — technical delay and prompt action may constitute sufficient cause.
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25 February 2022 |
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Applicant's appeal was prima facie arguable but failed to show irreparable harm or favourable balance of convenience, so stay denied.
Land law — Stay of execution pending appeal — Test: prima facie success, irreparable injury, balance of convenience (TANESCO v IPTL) — Applicant had arguable appeal but failed to prove irreparable loss; balance of convenience favoured respondents.
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24 February 2022 |
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Applicant failed to show good cause or account for each day; extension of time to appeal dismissed with costs.
Limitation of actions – Extension of time under section 14(1) Law of Limitation Act – requirement to show "good cause". Good cause – factors: length and reason for delay, diligence, prejudice, accounting for each day. Legal practitioner negligence and layperson status – not automatically sufficient to establish good cause. Civil procedure – failure to file ordered written submissions may lead to ex parte determination.
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24 February 2022 |
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The plaintiff's land claim was dismissed as res judicata and an abuse of court process for re‑litigating a previously decided dispute.
Civil procedure – Preliminary objections – Time limitation under the Law of Limitation Act and necessity to plead starting point of cause of action. Civil procedure – Res judicata – Conditions for application (same matter, same parties or privies, same title, competent court, heard and finally decided). Civil procedure – Abuse of court process – re-litigation of finally determined disputes prevented. Probate/administration – limits of relying on later appointment of administratrix to revive or extend causes of action.
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24 February 2022 |
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24 February 2022 |
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Preliminary objections on standing, property description and notice dismissed; amendment allowed and trial to proceed.
Land law – locus standi and cause of action – factual inquiry required; Civil procedure – identification of immovable property (Order VII r.3) – defect curable by amendment; Government Proceedings/Local Authorities – 90‑day notice – substantial compliance and absence of prejudice; Overriding objective – substantive justice over technicalities; Preliminary objections – unsuitable where material facts must be ascertained.
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23 February 2022 |
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Appellant failed to prove ownership; tribunal correctly found respondents’ evidence stronger and appeal dismissed.
Land law – ownership dispute – burden of proof under section 110 Evidence Act – he who alleges must prove. Assessment of oral and documentary evidence – sale agreement and village witnesses. Application of Hemedi Said principle – evidence weighing.
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23 February 2022 |
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A pending Notice of Appeal at the Court of Appeal ousts the High Court’s jurisdiction to grant a stay of execution; application struck out.
Civil procedure – Stay of execution – Jurisdiction of trial court where Notice of Appeal to Court of Appeal has been filed – Pending appeal ousts High Court’s jurisdiction to grant stay; application to be made to Court of Appeal (Rule 11). Preliminary objection – Point of law – Mukisa Biscuits test – jurisdictional objection disposes of the application. Prematurity – Application for stay before initiation of execution proceedings not determined after jurisdictional disposal.
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23 February 2022 |
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Appeal partly allowed: judgments quashed and matter remitted for locus in quo to determine existence of a pathway.
Land law – title and possession: ownership partly admitted; dispute concerned existence of public pathway; procedural fairness – ex parte judgment and right to be heard; evidence and fact-finding – contradictions in witness testimony; remedy – quashing and remittal for locus in quo visit under s.43(1)(b) Land Disputes Courts Act.
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23 February 2022 |
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Proceedings and judgment quashed because respondent was sued personally without locus to represent deceased’s estate.
Land law – parties and locus standi – necessity to sue person claiming on behalf of an estate in representative capacity; Civil procedure – revisionary jurisdiction – High Court may invoke revision where subordinate court proceedings are a nullity; Tribunal procedure – assessors’ participation under section 23 Cap 216 and limits where assessors absent; Judgment – proceedings and judgment vitiated where proper party not sued.
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23 February 2022 |
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Applicant established Atilio v Mbowe requirements; court granted six‑month injunction restraining sale pending main suit.
Interim relief – Temporary injunction – application of Atilio v Mbowe: triable issue, irreparable harm, balance of convenience Land security – dispute whether residential property was mortgaged/guaranteed for a third‑party loan Enforcement – creditor’s loan recovery vs. preservation of status quo pending trial Procedure – non‑appearance by a respondent and court’s inference of non‑contest
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22 February 2022 |
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Whether an appellant’s electronic filing established timely lodging within the statutory 45‑day appeal period.
Land appeal — time limit — section 41(2) Land Disputes Courts Act — 45 days to appeal from tribunal decision. Electronic filing — Judicature (Electronic Filing) Rules 2018 — date of filing and proof of filing. Proof of filing — adequacy of electronic summary printout; Registrar's acceptance as determinant of filing date. Limitation — consequence of late filing — dismissal under Law of Limitation Act s.3.
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22 February 2022 |
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Unresolved boundary disputes requiring expert survey render tribunal proceedings null and void; quorum, not gender balance, governs tribunal sittings.
Land disputes – alleged encroachment on road reserve – locus in quo visit and sufficiency of lay evidence – necessity of expert/land surveyor to determine boundaries; Ward Tribunal composition – quorum versus gender balance; appellate review – new grounds of appeal.
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22 February 2022 |
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Application for interlocutory injunction dismissed for failure to provide sufficient factual particulars and attachments in supporting affidavit.
Civil Procedure – Temporary injunction – interlocutory relief is equitable and discretionary – applicant must show a serious question to be tried and provide sufficient factual particulars in the supporting affidavit (description, boundaries, size, location) – arguments not contained in affidavit cannot be considered – failure to attach referenced documents fatal to application.
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22 February 2022 |
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Court reduced excessive instruction fees after Taxing Master misapplied Ninth Schedule to a non-liquidated land dispute.
Taxation of costs — judicial review threshold for Taxing Master's awards — error of principle or manifest injustice required to interfere; Advocates Remuneration Order — Ninth Schedule (Item 8) applies to liquidated sums only; where schedule applies, EFD receipts/vouchers are not mandatory; where no scale applies Taxing Master may require supporting evidence; assessment of instruction fees must reflect complexity, time and stage of proceedings.
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22 February 2022 |
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Preliminary objections involving factual disputes are not pure points of law; misjoinder does not automatically defeat a suit.
Land law – preliminary objections – whether objection is a pure point of law or requires factual inquiry (Mukisa principle). Civil procedure – misjoinder/non-joinder of parties – Order 1 rules 9 & 10 CPC – remedy is striking out or joining parties, not necessarily dismissal. Procedural fairness – improper disposal on preliminary objections warrants quashing and remittal for merits determination.
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21 February 2022 |
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Appeal dismissed: proper defendant was the estate administrator, not the respondent, so suit correctly struck out.
Land law – probate and administration – suit over disputed land connected to deceased's estate – proper defendant is estate administrator; locus standi – wrong party sued; preliminary objection – non-joinder/misjoinder and tribunal jurisdiction.
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21 February 2022 |
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A vendor lacking legal title cannot pass title; purchasers who fail due diligence are not bona fide purchasers.
Land law — vendor without administration or title cannot pass good title; caveat emptor — purchaser’s duty to make inquiries and obtain Letters of Administration; evidentiary weight — forged or disputed signatures and failure to call material witness permit adverse inference; sale of estate land without administration invalid.
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21 February 2022 |
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A person lacking title or administration powers cannot pass valid land title; purchasers must exercise due diligence.
Land law – sale by beneficiary/caretaker – person without legal title or letters of administration cannot pass good title; bona fide purchaser protection requires due diligence; sales void ab initio; estate administration required.
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21 February 2022 |
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Extension of time refused where applicant failed to prove sufficient cause or to account for the delay.
Limitation Act s.14(1) – application for extension of time; "sufficient cause"/good cause – requires proof; applicant must account for each day of delay; unsupported assertions of seeking legal assistance insufficient; dismissal for want of prosecution - consequences of failure to prosecute.
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21 February 2022 |
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Cause of action accrued on administrator's removal in 2019; suit filed in 2020 was within limitation, objection dismissed.
Limitation of actions – torts – Item 6 Part I Schedule to the Limitation Act (3-year limitation) – accrual of cause of action; Continuing wrong doctrine – sections 6(c) and 7 Limitation Act; Administrator of estate – acts done under probate appointment and appropriate forum for challenge; Preliminary objection – when appropriate where central facts are undisputed.
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21 February 2022 |
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An interlocutory ruling on pecuniary jurisdiction that does not finally dispose of rights is not appealable and appeal was struck out.
Land law – Pecuniary jurisdiction – Preliminary objection – Interlocutory orders – Appealability – Regulation 22(a)&(d) Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003 – Finality test (Bozson/Tanzania Motor Services).
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21 February 2022 |
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A Land Division lacks jurisdiction over commercial joint‑venture disputes; the suit was struck out for improper institution.
Jurisdiction – Land Division – Whether a dispute arising from breach of a joint‑venture construction agreement is a land matter; specialised registries and limits of divisional jurisdiction; preliminary objection for lack of jurisdiction; overriding objective inapplicable to improper forum.
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18 February 2022 |
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Respondent's title upheld: written sale agreements and vendor testimony outweighed applicant's oral claim.
Land — Competing sale agreements; priority of title determined by dates and documentary evidence; parol evidence rule — Section 100(1) Evidence Act bars oral evidence contradicting written contract; weight and credibility of original vendor's testimony; second appeal — new issues not raiseable if not decided below.
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18 February 2022 |
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A plaintiff who withdraws a suit without leave is precluded from pursuing the same subject matter in a subsequent counterclaim.
Civil procedure – Counterclaim treated as a separate suit – Effect of prior withdrawal without leave under Order XXIII Rule 3 – Withdrawal without permission precludes instituting fresh proceedings on same subject matter.* Preliminary objection as to lack of cause of action withdrawn and not determinative.
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18 February 2022 |
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Court granted applicant’s request to correct clerical errors in the judgment and decree, substituting the block letter and correcting the year.
Civil Procedure Code (Cap. 33) – s.96 – correction of clerical or arithmetical mistakes in judgments, decrees or orders; accidental slips or omissions. Civil Procedure Code – s.95 – inherent power of the court to amend records to reflect true intention. Land law – correction of judgment/decree – substitution of block identifier and correction of case year as clerical corrections. Procedure – application by party; consent/concession on existence of clerical error; no costs ordered.
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18 February 2022 |