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Citation
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Judgment date
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| March 2022 |
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Application for maintenance of status quo ante dismissed as amounting to premature determination of the main land suit.
Civil procedure — Maintenance of status quo ante — Application seeking restoration of possession — Principles of temporary injunction (prima facie case, irreparable harm, balance of convenience) — Section 95 Civil Procedure Code — Premature determination of main suit.
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31 March 2022 |
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A Ward Tribunal cannot determine ownership of property already included in a Primary Court probate distribution; appeal dismissed.
Land law – jurisdiction – distinction between probate matters and land ownership disputes; ward tribunal lacks jurisdiction over properties already distributed in Primary Court probate. Probate law – Primary Court probate determinations on estate distribution are the proper forum for objections to inclusion of property in an estate. Civil procedure – forum non conveniens/competence – ward tribunal decision set aside by District Land and Housing Tribunal; High Court declines to interfere.
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31 March 2022 |
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Chamber summons combining unrelated injunction and objection proceedings is omnibus, incompetent and struck out with costs.
Civil procedure — omnibus application — combining interim injunction (Order XXXVII/Sections 68(c)&(e)) and objection proceedings (Order XXI Rule 57) — prayers must be interrelated to be maintainable — omnibus application incompetent and liable to be struck out.
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31 March 2022 |
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Court overruled respondent's preliminary objections, finding procedural defects curable and allowing the applicant's revision to proceed.
Land — Revision proceedings — Preliminary objections — Representative suit rules — Non-joinder/new parties — Defective affidavit (wrong tribunal named) — Curable defects — Court fees receipt — Mukisa and Lyamuya principles — Revision may be pursued by non-parties.
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31 March 2022 |
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Preliminary objections overruled; court held procedural defects were factual/curable and allowed revision to proceed.
Land law — Revision under section 43(1)(b) LDCA — Preliminary objections — Must be points of law on face of record — Representative suit procedure — New parties and non‑joinder — Revision available to non‑parties — Affidavit defects curable by amendment — Absence of fee receipt a factual/technical issue.
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31 March 2022 |
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An alleged illegality in a tribunal decision can justify extension of time to appeal when the applicant acted diligently.
Civil procedure – Extension of time – Judicial discretion – must be exercised judiciously to avoid injustice. Appeal procedure – Allegation of illegality in the decision challenged constitutes sufficient ground for extension of time. Execution/functus officio – does not automatically bar Tribunal from exercising discretion where illegality alleged. Diligence – applicant's active pursuit of rights supports grant of extension.
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31 March 2022 |
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Application to set aside dismissal dismissed as time-barred; no proof of e-filing or extension.
Civil procedure – application to set aside dismissal order – limitation period under Item 4, Part III, First Schedule of the Law of Limitation Act (30 days); electronic filing – requirement of proof of e-filing date; computation of time – Interpretation of Laws Act section 60; failure to apply for extension of time – consequence: dismissal.
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31 March 2022 |
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Application to set aside ex parte order and extend time dismissed for failure to show good cause and unexplained delay.
Civil procedure – setting aside ex parte order – Order VIII r.14(2) and r.1(3) – requirement to show good cause; extension of time – strict timelines; proof of sickness and delay – necessity of evidential support; service and awareness of suit.
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31 March 2022 |
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Temporary injunction refused: prima facie issue exists but no irreparable harm and balance of convenience favors respondent.
Land law – temporary injunction – application under JALA and Civil Procedure Code – Attilio/Mbowe test: prima facie case, irreparable injury, balance of convenience – existence and breach of lease – perishable goods and irreparable loss – subsequent leasing/subtenants – injunction refused with costs.
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31 March 2022 |
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Extension of time to appeal denied where alleged illegality was not raised or proved and delay was unexplained.
Land law – application for extension of time to file appeal – requirement to prove sufficient cause for delay – alleged illegality (lack of pecuniary jurisdiction) must be pleaded and proved – points not raised in first appellate proceedings cannot be entertained – failure to account when judgment was obtained defeats extension application.
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31 March 2022 |
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Proceeding with one assessor present did not vitiate the tribunal's judgment; sale agreement proved respondent's ownership.
Land procedure – Assessors – Absence of one assessor after commencement – Section 23(3) Land Disputes Courts Act – Chairman may conclude proceedings. Assessors' opinion – Requirement that opinion be given and considered – written opinion read in presence of parties. Evidence evaluation – Ownership determined by admitted sale agreements; source of purchase funds and compensation for improvements not issues before tribunal.
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31 March 2022 |
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Alleged illegality in judgment (wrong parties’ names) justified extension of time to file a review; ex parte proceedings permitted.
Extension of time – Law of Limitation Act s.14(1); illegality on face of record – misnaming of parties in judgment as sufficient cause; service by newspaper publication — adequate for ex parte proceedings; Valambhia/Lyamuya principles applied.
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31 March 2022 |
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Court corrected a drafting error, distinguished amendment from withdrawal, and allowed withdrawal with leave to re-file.
Civil procedure – Review (Order XLII Rule 1) – error apparent on the face of the record – slip of the pen; Civil procedure – Distinction between amendment of pleadings and withdrawal with leave to re-file; Review vs appeal – factual re‑examination not permitted on review; Joinder of government bodies – withdrawal with leave to re-file to enable proper joinder.
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31 March 2022 |
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Extension of time granted where pending Court of Appeal proceedings justified applicant's technical delay in filing a notice of appeal.
Civil procedure – Extension of time under section 11(1) Appellate Jurisdiction Act – "Good cause" is relative and fact-specific – technical delay caused by pending Court of Appeal proceedings may constitute sufficient reason to extend time. Requirements for extension: account for delay, diligence, and presence of sufficient reasons; illegality of impugned decision need not be decided if other sufficient grounds exist.
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30 March 2022 |
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Appeal dismissed where evidence showed the applicant witnessed and effectively consented to the property transfer.
Land law – Matrimonial property – Objection to execution of decree by interested non‑party – Order XXI Rule 57 CPC – Res judicata (Section 9 CPC) inapplicable to objection proceedings – Evidentiary weight of witness signature on agreement – New facts raised on appeal inadmissible.
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30 March 2022 |
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Court granted extension of time to file appeal based on short delay, verified medical evidence, and legal aid, ordering appeal within 14 days.
Civil procedure – Extension of time under section 41(2) Land Disputes Courts Act – discretionary relief guided by Lyamuya principles. Requirements: account for all delay, avoid inordinate delay, demonstrate diligence; medical evidence and delay in supply of tribunal records may constitute sufficient reasons. Condition: time for filing appeal fixed and costs to follow the cause.
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30 March 2022 |
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Appellant failed to prove ownership or lack of consent; tribunal's finding of a valid mortgage sale is upheld and appeal dismissed.
Land law – Ownership and title – Burden of proof – Party alleging ownership must prove it; evidence weight and credibility – spousal consent, loan and sale agreements and photographs can establish consent and lawful mortgage sale.
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30 March 2022 |
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An appeal was struck out because the underlying applications had been struck out; the proper remedy was to correct defects and refile.
Civil procedure – striking out vs dismissal – legal consequences and proper remedy: rectify and refile, not appeal; Overriding objective principle – limits in curing procedural defects such as defective affidavits or improper attestation; Execution of ward tribunal decrees – requirement for clearly defined boundaries (raised but not determined); Demolition prior to expiry of notice – procedural compliance in execution (raised but not determined).
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30 March 2022 |
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An apparent illegality (jurisdictional defect) in the impugned decision justified extending time to file an appeal.
Extension of time to appeal; judicial discretion and good cause; illegality apparent on the record as sufficient cause; jurisdiction/pecuniary jurisdiction; accounting for delay when illegality is alleged.
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29 March 2022 |
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Committal order suspended pending appeal proceedings; security held unnecessary where execution involves civil imprisonment.
Stay of execution; committal to civil prison; Order XXXIX Rule 5(3) CPC — preconditions for stay (substantial loss, delay, security); discretionary relief — security unnecessary where execution is custodial; suspension pending appeal/extension application.
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29 March 2022 |
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High Court held the appeal to the District Tribunal was timely because the corrected judgment date controlled time computation under s.60(1)(b).
Land procedure – computation of time for appeal – corrected judgment date governs computation; Interpretation of Laws Act s.60(1)(b) – specified day excluded when reckoning time; appeal not time-barred where filed within 30 days computed from corrected judgment.
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29 March 2022 |
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Plaintiff's conditional letter did not meet the mandatory 90‑day statutory notice; suit was struck out.
Government Proceedings Act s.6(2) – mandatory 90-days' notice of intention to sue the Government – requirement to specify basis of claim and serve Attorney General. Notice – conditional/ambiguous communications do not satisfy statutory notice requirement. Procedure – preliminary objection on statutory non‑compliance is a pure point of law and may be determined at threshold.
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29 March 2022 |
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Extension of time to appeal dismissed for failure to account for each day of delay in obtaining certified judgment.
Land law — Extension of time to appeal under s.41(2) LDCA — requirement to account for each day of delay — certified copies and corrections — Bushiri principle — delay attributable to applicant — dismissal for failure to show good cause.
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28 March 2022 |
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Failure to produce a loan agreement undermined appellant's claim; valid sale agreement established ownership and appeal was dismissed.
Land law – proof of ownership – sale agreement as conclusive documentary proof; Evidence – burden of proof under Section 110; Civil procedure – absence of assessors and Section 23(3) Cap. 216; Appellate review – deference to trial court on credibility assessments.
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28 March 2022 |
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Tribunal erred awarding compensation to respondents who failed to prove title and were found to be trespassers.
Land law – proof of title – burden of proof under section 112 Evidence Act – failure to call material witnesses (vendors) – trespass vs lawful occupation – compensation for improvements – award cannot be made without pleading or evidence.
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28 March 2022 |
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Court ordered payment of decretal sum with 7% interest within 14 days or three months' civil imprisonment on default.
Execution — Order XXI Rules 35 and 36 CPC — Service by publication and ex parte proceedings — Notice to show cause and warrant for arrest — Civil committal as enforcement where attachment impracticable — Conditions and limitations on imprisonment in execution.
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28 March 2022 |
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Review application dismissed; core defect was plaint’s failure to plead grounds for delay under Order VII Rule 6.
Civil procedure – Review – limited to errors apparent on face of record – not a rehearing. Limitation of actions – computation of time – reliance on party counsel’s admissions. Pleading requirements – Order VII Rule 6 CPC – necessity to plead grounds for delay to seek exemption from limitation.
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27 March 2022 |
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Applicant failed to show good cause or an apparent illegality to justify extension of time to appeal.
Extension of time – Land Disputes Courts Act s.38(1) and Limitation Act s.14(1); requirement to show good cause: account for days of delay, absence of negligence, diligence; illegality must be apparent on face of record (Lyamuya); difficulty in obtaining lawyer not sufficient to excuse unexplained delay.
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25 March 2022 |
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A limited power of attorney to supervise land survey did not confer locus standi to sue; tribunals' decisions quashed.
Land law – locus standi – limited power of attorney – whether authority to supervise survey confers right to institute litigation. Civil procedure – jurisdiction – jurisdictional defects and raising locus standi at any stage. Tribunal practice – composition and quorum of Ward Tribunal – mandatory gender representation. Appellate review – standard for interference with concurrent findings of fact on second appeal.
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25 March 2022 |
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Failure to account for each day of delay warranted dismissal of the extension application; illegality raised only in submissions was disregarded.
Land law — restoration and extension of time — requirement to account for each day of delay — irregularity/illegality must be pleaded in affidavit not introduced by submissions — right to be heard satisfied by written submissions — overriding principle not a substitute for accounting for delay.
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25 March 2022 |
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Extension of time refused where applicant failed to account for delay and alleged illegality was not apparent on record.
Civil procedure – Extension of time under section 14(1) Limitation Act – requirement to show good cause and account for all delay; Discretionary exercise guided by Lyamuya principles; Illegality as ground for extension must be apparent on the face of the record; Duty of litigant to follow up proceedings after advocate withdrawal; Failure to account for inordinate delay amounts to negligence and defeats application for extension.
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25 March 2022 |
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Extension of time to set aside ex‑parte judgment dismissed for unexplained delay and illegality not apparent on record.
Limitation Act s.14(1) – extension of time – good cause – applicant must account for all delay; Illegality – must be apparent on face of record to justify extension; negligence and lack of diligence disentitle applicant to relief; summary/ex‑parte judgments – duty to follow up after counsel withdrawal.
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25 March 2022 |
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Matrimonial improvements make property jointly owned; spouse consent required for alienation despite divorce.
Land law – Matrimonial property – Improvements to premarital assets during marriage can render them matrimonial property; spouse consent required for alienation of matrimonial property even after dissolution unless relinquished; locus in quo visits discretionary; prior final judgments binding (functus officio).
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24 March 2022 |
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Appeal partly allowed: tenant failed to prove entitlement to reimbursement for building costs; awarded refund of rent plus equal compensation totaling TZS 2,210,000.
Land law – lease agreement – breach of lease – refund of paid rent and compensation where contract silent on reimbursement for tenant-made improvements; Evidence – burden and proof of claimed construction costs; Calculation of damages – compensation should not extend beyond contract expiry period.
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24 March 2022 |
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Applicant failed to show sufficient cause for extension of time; application dismissed with costs.
Civil procedure – Extension of time – application of Lyamuya criteria: account for all delay, not inordinate, diligence required. Limitation – s.19(2) Law of Limitation Act – period for obtaining copies excluded only if a written request for copies is proved. Procedural irregularity – wrong citation of law is negligence, not an irregularity excusing delay. Requirement to account for each day of delay – failure to do so warrants dismissal.
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24 March 2022 |
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Adverse possession must be properly proved; absent title, a purported tenancy by a non-owner is void and rent orders lack legal basis.
Land law – adverse possession — statutory procedure and burden of proof; proof on balance of probabilities; effect of registered title; validity of tenancy where purported landlord is not registered owner; role of municipal testimony and assessors' opinions.
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23 March 2022 |
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A materially false affidavit discredits an extension application; the court struck it out with costs.
Limitation law – extension of time under section 14(1) – sufficiency of cause. Technical delay – reliance on time spent prosecuting other proceedings – conditions and limits. Pleadings and affidavits – parties bound by pleadings; false or misleading affidavit vitiates application. Illegalities – must be apparent on face of record to justify extension of time (Valambia principle).
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23 March 2022 |
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Applicant's demonstrated interest in a related revision justified a stay of the appeal to prevent prejudice.
• Locus standi – standing of persons not party to original proceedings – interest demonstrated by filing related revision.
• Preliminary objection – competency and whether issue of locus standi is a pure point of law.
• Civil procedure – stay of appeal pending determination of related revision to avoid prejudice and ensure orderly adjudication.
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23 March 2022 |
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Court ordered escrow of rental proceeds pending resolution of disputed ownership to protect estate beneficiaries.
Land law – preservation of rental proceeds pending ownership dispute; temporary equitable relief – escrow account as interlocutory remedy; injunction principles – prima facie case, irreparable harm, balance of convenience; administrators of estates – protection of beneficiaries' interests.
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23 March 2022 |
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Whether the applicant’s land claim was time-barred; court held cause of action accrued in 2011, suit within limitation.
Limitation of actions – Law of Limitation Act, Cap. 89 R.E. 2019 – Item 22 Part I: 12-year limitation for recovery of land. Cause of action – accrual date — accrual determined when land authorities officially notified plaintiff of defendant’s ownership (2011). Civil procedure – preliminary objection – whether plaint conclusively shows suit is time-barred; such objections must dispose matter summarily to succeed.
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23 March 2022 |
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Temporary injunction granted to halt respondents' quarrying for trespass, irreparable harm, and balance of convenience.
Land law – temporary injunction – trespass and illegal quarrying; Atilio test: prima facie case, irreparable harm, balance of convenience; equitable relief and mitigation (fencing as clean hands).
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22 March 2022 |
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Prompt, credible explanation of non-appearance and lack of prejudice justified restoring a land suit dismissed for want of prosecution.
Land law — setting aside dismissal for want of prosecution — Order IX r.3 & Order XLIII r.2 — sufficient cause test — promptness in applying — interest of justice and absence of prejudice justify restoration.
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22 March 2022 |
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Court granted temporary injunction preventing respondents from selling applicant's matrimonial properties pending trial over alleged secret mortgage.
Civil procedure – Temporary injunction – Atilio v Mbowe criteria (prima facie case, irreparable harm, balance of convenience); Effect of failure to file counter‑affidavit; Matrimonial property – alleged secret mortgage and consent; Interim relief pending determination of main suit.
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22 March 2022 |
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22 March 2022 |
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Court allowed correction of clerical mistakes in a drawn order and ordered re-issuance without costs.
Civil Procedure Act s.97 – correction of clerical mistakes in drawn orders – comparison of original and corrected drawn orders – expungement of defective unsigned/unstamped respondent filings – ex parte proceedings – correction to wording to conform with original order.
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22 March 2022 |
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Ex-parte order set aside because it was entered before expiry of the 21-day period, restoring defendant’s right to be heard.
Land procedure – setting aside ex-parte orders – service by publication – statutory 21-day period – right to be heard – Order IX r.4 & Order VIII r.14(2) CPC.
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22 March 2022 |
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The applicant's hospitalization claim failed to justify setting aside the dismissal due to lack of authenticated medical proof.
Civil Procedure — Setting aside dismissal under Order IX Rule 6(1) — Sickness as sufficient cause for non-appearance — Requirement of authentic medical evidence (originals or certified copies, office stamp and authorized signature) — Onus of proof on applicant.
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22 March 2022 |
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Eviction order in execution quashed where decree only nullified an auction; execution must follow decree.
Civil procedure — Execution — Limits of execution — Execution must conform to reliefs expressly granted in the decree; eviction cannot be executed where decree only nullified auction. Decree interpretation — Court’s decree nullifying auction does not by itself restore possession or authorize eviction. Procedure — Hearing in absence of counter-affidavit; parties granted extensions but failure to file affidavit restricts participation to legal points. Auction law — Subsequent re-advertised sale and timing considered in assessing propriety of execution.
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22 March 2022 |
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Application for extension of time dismissed because the High Court was functus officio after earlier dismissal of the appeal.
Civil procedure – extension of time – discretion under s.41(2) LDCA and ss.93,95 CPC – application dismissed where prior appeal was dismissed as time‑barred. Res judicata and functus officio – High Court cannot reopen matter it has dismissed; proper remedy is appeal to higher court.
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22 March 2022 |
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Applicant's request for extension denied for failure to show sufficient cause, negligence, and non‑apparent illegality.
Land law — Extension of time under section 38(1) Land Disputes Courts Act; requirement to show sufficient cause and account for each day of delay; negligence of counsel/Legal Aid Clinic not excusable; alleged illegality must be apparent on face of record; need for corroborative medical evidence for illness-related delays.
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21 March 2022 |