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Citation
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Judgment date
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| March 2022 |
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Extension of time refused where delay was unexplained and alleged illegality was not apparent on the record.
Civil procedure – Extension of time – Application under section 11(1) Appellate Jurisdiction Act – requirement to demonstrate sufficient cause and account for delay (Lyamuya standard)
Appeal – Leave to appeal out of time – delay caused by non-supply of court file not automatically sufficient cause
Illegality – must be apparent on the face of the record and of sufficient importance; factual disputes do not constitute apparent illegality
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21 March 2022 |
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Contempt application dismissed because the temporary injunction had lapsed or been terminated before the alleged auction.
Contempt of court — temporary injunction — Order XXXVII Rule 3 CPC — time limitation and extension of injunction — effect of withdrawal of main suit on interlocutory orders — necessity to prove individual respondent's involvement in alleged contempt.
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21 March 2022 |
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Leave to appeal granted on arguable points of law about consent decree, ownership, locus standi and proof of fraud.
Leave to appeal – test for grant of leave (arguable appeal or issue of general/novel importance) – effect of consent/deed of settlement and decree on ownership and locus standi – forum for determination of ownership – proof of fraud/misrepresentation by affidavit.
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21 March 2022 |
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A land claim filed 17 years after the cause of action arose is time-barred under the Limitations Act.
Limitation of actions — Land claim — Cause of action arose in 2004; suit filed June 2021 (17 years later) — Time-barred under Limitations Act s.3(1), Item 22(i); preliminary objections — wrong forum and failure to disclose cause of action left undetermined as interlocutory.
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20 March 2022 |
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An apparent illegality (non-joinder of a necessary party) justified granting the applicant an extension to file a notice of appeal.
Civil procedure – Extension of time under section 11(1) AJA – discretionary exercise – factors: length and reason for delay, prejudice, conduct, arguable/ apparent point of law or illegality. Illegality as sufficient cause – point must be of sufficient importance and apparent on the face of the record (e.g. non-joinder/necessary party). Failure to account for every day of delay is fatal unless an overriding sufficiently-important illegality is shown. Application granted to file Notice of Appeal within 21 days
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18 March 2022 |
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An apparent illegality in a decision can furnish sufficient cause to extend time to file a notice of appeal.
Civil procedure – extension of time to file appeal; illegality as sufficient cause for enlargement of time; illegality must be apparent on the face of the record; no strict requirement to account each day where illegality established.
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18 March 2022 |
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Preliminary objections to a land suit were overruled; suit found within limitation and fit to proceed to trial.
Civil procedure – preliminary objections – whether plaint discloses cause of action (Order VII r.1(e)) – joinder of causes and leave (Order II r.4) – limitation for land/title claims (Law of Limitation Act, 12 years) – description of land (Order VII r.3) – locus standi and deed of surrender require evidence.
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18 March 2022 |
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Applicant failed to show sufficient cause to re-admit an appeal after failing to file required written submissions.
Civil procedure – re-admission of appeal – Order XXXIX Rule 19 – sufficient cause required – failure to file written submissions constitutes failure to prosecute – visitors' book or uncorroborated presence insufficient – supporting affidavit from court staff necessary to corroborate claims.
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18 March 2022 |
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Respondent's contradictory evidence failed to prove land claim on balance of probabilities; tribunal's judgment quashed.
Land law – proof of title/possession – burden of proof – balance of probabilities – credibility of witnesses – contradictions in testimony – effect of shifting burden by trial tribunal.
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18 March 2022 |
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An out-of-time land appeal unsupported by evidence or an application for extension is dismissed with costs.
Land law – appeals – limitation – filing time for land appeals under Land Disputes Courts Act; necessity of complying with statutory time limits. Civil procedure – delay – exclusion of days spent obtaining copies of judgment – evidence required (affidavit/oral) where delay is contested
Procedure – requirement to file an application for extension of time under section 38 of the Land Disputes Courts Act before relying on cases excluding days used to obtain judgments
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17 March 2022 |
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An invitee permitted to farm cannot acquire ownership by adverse possession; permission to use does not transfer title.
Land law – permission to use land for farming does not transfer ownership; invitee cannot acquire title by adverse possession; evidence of invitation and intention to return; failure to use land and abandonment; assessors' opinions and tribunal procedure.
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17 March 2022 |
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Court grants extension of time where delay was due to late supply of certified judgment and applicant acted promptly.
Civil procedure – Extension of time under section 93 CPC – Good cause – Delay caused by court’s late supply of certified judgment copies – Promptness after receipt – Judicial discretion (Mbogo v Shah; Oswald Mwarabu Mawanzirubi v Tanzania Fish Processor Ltd).
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17 March 2022 |
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Affidavit containing arguments and conclusions breached Order XIX Rule 3(1), expungement would leave it meaningless, so enlargement application dismissed.
Civil procedure — Affidavit requirements — Order XIX Rule 3(1) CPC — Affidavits must contain facts within deponent's knowledge; exclusion of arguments, opinions and conclusions — Expungement of offending paragraphs — Effect of expungement rendering affidavit incapable of supporting application — Application for enlargement of time dismissed.
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17 March 2022 |
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The applicant's extension of time is denied for failing to prove a request or supply of judgment copies required by s.19(2).
Land law – Extension of time to appeal – application for extension must show sufficient cause
Limitation Law – Law of Limitation Act s.19(2) – exclusion for period to obtain copy of judgment applies only where request for copies was made. Civil procedure – proof of request/supply of judgment copies – requirement of evidence for exclusion of time
Evidence – appellate review – tribunal's evaluation of affidavit and documentary endorsements upheld where record supports finding
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16 March 2022 |
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Non‑joinder of the district council as a necessary party in a dispute over a surveyed plot invalidates the tribunal's decision.
Land law – proof of title: letter of offer and payment receipts insufficient without Certificate of Title/Certificate of Occupancy. Civil procedure – necessary party/non-joinder: surveyed plot and allocation required joinder of District Council; non-joinder is fatal
Evidence – weight of sale agreements: importance of earlier title documents and clear plot description
Procedure – locus in quo: issue not determinative where necessary party absent
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16 March 2022 |
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Sale agreement predating a residential license established ownership; residential license alone insufficient where ownership is contested.
Land law - proof of ownership - sale agreement v. residential license; Residential license not conclusive where ownership disputed; auction null and void if mortgage unlawful; bonafide purchaser's protection and remedies under s.135(4) Land Act; appellate re-evaluation of evidence and locus in quo findings.
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16 March 2022 |
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An appeal challenging the merits of an ex-parte tribunal judgment is not premature and need not await an application to set aside.
Land procedure – Ex-parte judgment – Appealability – Regulation 11(2) GN No.174/2003 – distinction between challenging order to proceed ex-parte (must first apply to set aside) and challenging merits of ex-parte judgment (may appeal directly) – applicability to District Land and Housing Tribunal decisions.
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16 March 2022 |
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Stay of execution struck out for being filed in wrong forum and failing to show specific loss.
Civil procedure – stay of execution (Order XXI r.24(1) CPC) – requirement to specify particulars of loss – execution by issuing court (s.33 CPC) – tribunal objection period (Reg.23(4) GN.174/2003) – ex parte proceeding after service.
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16 March 2022 |
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Appellant lacked legal capacity to sue over her late father's land; lower tribunals' decisions were quashed and set aside.
Locus standi – capacity to sue in respect of deceased’s land – requirement to prove appointment as administrator or legal authority; Second appeal – interference with concurrent findings where misapprehension of law/evidence; Proof of title – necessity of documentary evidence; Adverse possession/limitation raised but decision grounded on locus standi.
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16 March 2022 |
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Where appeal originates from a Ward Tribunal, the High Court certificate on a point of law is required, not leave to appeal.
Land disputes — appeals from Ward Tribunal — requirement for High Court to certify point of law under s.47(3) of the Land Disputes Courts Act before appeal to Court of Appeal. Procedural law — improper use of leave to appeal where certificate of point of law is the correct remedy. Appellate procedure — failure to follow required procedure renders substantive grounds unconsidered
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15 March 2022 |
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Applicant failed to show sufficient cause or corroborating evidence to set aside dismissal for want of prosecution.
Civil procedure — Order IX Rule 4 CPC — Restoration of suit dismissed for want of prosecution — Applicant must show sufficient cause; applicant's prior conduct and lack of corroborating evidence are material; medical records must substantiate incapacity on hearing date.
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15 March 2022 |
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Claimant failed to prove transfer of title; being administrator does not establish ownership; appeal allowed, tribunal decision quashed.
Land law – proof of title – claimant must prove transfer of ownership; appointment as administrator does not equate to ownership
Evidence – burden of proof (s.110(1) Evidence Act) – failure to discharge burden results in fact treated as not proved. Admissibility/weight of documents – incomplete Sale Agreement and lack of letters of administration undermine claim
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15 March 2022 |
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Interim injunction refused: triable issue existed but no irreparable loss and balance of convenience favoured respondent.
Land — Interim injunction — Application of Atilio v Mbowe principles: prima facie/triable issue, irreparable loss, balance of convenience — Effect of prior Commercial Division order and receivership/agency on interim relief — Damages as adequate remedy.
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15 March 2022 |
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An amended plaint exceeding court-ordered scope by adding new defendants and altering claims is unmaintainable and struck out.
Pleadings — Amendment of pleadings — Order VI r.17 CPC — Amendments must determine real questions in controversy and not introduce new facts or inconsistencies; Court orders binding — exceeding scope of leave to amend — amended plaint fatally defective — striking out plaint; procedural consequences where amendment changes principal defendant and relief at advanced stage of proceedings.
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15 March 2022 |
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Wrong citation of enabling provision (Limitation Act instead of s.93 CPC) rendered extension application incompetent and struck out.
Civil procedure — Extension of time to perform judicial act — Proper enabling provision where court-fixed time expired — s.93 Civil Procedure Code applicable; Wrong citation of law (Limitation Act) — fatal to competency — application struck out; Preliminary objection procedure; No order as to costs.
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15 March 2022 |
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A district land tribunal lacked jurisdiction over a civil refund/damages dispute originating in the Ward Tribunal.
Jurisdiction — District Land and Housing Tribunal — competence to hear appeals only in land disputes; civil claims adjudicated by Ward Tribunal under ss.8–9 appeal to Primary Court
Ward Tribunals Act — distinction between civil matters and land matters (s.8, s.9, s.13(2))
Appeal — adequacy of reasons — dismissal for lack of jurisdiction properly recorded
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14 March 2022 |
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Court certified adverse possession and locus-standi issues for appeal and granted certification application without costs.
Land law – Adverse possession – whether continuous occupation since 1982 constitutes adverse possession and warrants certification for appeal. Civil procedure – Locus standi – whether a person claiming land of a deceased has standing absent appointment as executor/administrator. Appellate procedure – Certification under s.47(2) Land Disputes Courts Act and s.5(2)(c) Appellate Jurisdiction Act as prerequisite for appeal to the Court of Appeal
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14 March 2022 |
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Alleged jurisdictional illegality in the Taxing Master’s ruling warranted extension of time to file a reference.
Extension of time – discretion under section 14 Limitation Act – factors in Lyamuya – alleged illegality and jurisdictional challenge to Taxing Master's Bill of Costs – Devram Valambhia principle.
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14 March 2022 |
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Delay caused by awaiting certified judgment copies justified extension of time; applicant granted 30 days to file appeal.
Land law — Extension of time — s.41(2) Land Disputes Courts Act — Good cause requirement — Delay due to awaiting certified copies — period awaiting records excluded from computation — discretionary grant of enlargement of time.
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14 March 2022 |
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Application for judicial recusal dismissed: suspicion and late complaints do not meet the threshold for disqualification.
Judicial recusal — standards for disqualification; recusal only for bad blood, close relationship, or personal interest; mere suspicion or flimsy fears insufficient; recusal as sensitive remedy to prevent forum-shopping; late applications and interlocutory complaints may be more appropriately challenged on appeal.
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14 March 2022 |
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Appellant failed to prove forgery or ownership; tribunal’s finding that sale was in foot-steps was upheld and appeal dismissed.
Land law – sale agreement and proof – allegation of forgery/alteration of sale agreement (metres vs footsteps); assessment of evidence on balance of probabilities; role of ward-tribunal settlement; first appellate court's re-evaluation of evidence.
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14 March 2022 |
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Temporary injunction granted to restrain interference with disputed school property pending trial due to triable issues and irreparable harm.
Land — Temporary injunction — prima facie/triable issue; irreparable injury; balance of convenience — compliance with Land Act and Auctioneers Act (valuation and 60‑day notice) — interlocutory relief pending main suit.
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10 March 2022 |
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Objection dismissed where applicant bought land after deed of settlement and failed to prove title or property identity.
Objection to execution attachment — requirements for objection proceedings (attachment by decree holder; pending execution; objector not party) — identity of property and proof of re-survey/title surrender — purchaser's lack of title cannot pass good title to third parties — caveat emptor and duty of due diligence — concluded execution/settlement precluding objection.
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10 March 2022 |
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Extension of time granted where court’s delay in supplying judgment copies constituted sufficient reason.
Extension of time – delay caused by court’s failure to supply copies of proceedings, judgment and decree – such delay beyond applicant’s control is sufficient ground for enlargement of time; alleged illegality need not be considered where sufficient reason is shown.
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10 March 2022 |
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Application dismissed as barred by res judicata; applicant should have appealed rather than refiling.
Civil procedure – Res judicata – identical or substantially similar applications previously dismissed – section 9 Civil Procedure Code (Cap.33). Civil procedure – Proper remedy for challenge of a court dismissal is appeal, not refiling the same application. Civil procedure – Enforcement of settlement/decree – requirement to bring execution/enforcement proceedings in the original suit (section 38(1) CPC) – raised as a preliminary objection
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9 March 2022 |
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Appeal dismissed: Ward Tribunal consent record valid, duplicate ward proceeding irregular, assessors’ opinions were recorded.
Land disputes – Ward Tribunal consent judgments – validity of written/ stamped consent records; duplication of proceedings – instituting fresh suit on same subject-matter v. remedy by revision; procedural irregularity of misnumbering does not necessarily vitiate proceedings; assessors’ opinions must be in writing and reflected in record – requirement satisfied.
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8 March 2022 |
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Applicant failed to account for entire delay and did not show illegality on the face of the record; extension refused.
Extension of time – discretion – applicant must account for entire period of delay; lack of knowledge may excuse initial delay; time spent prosecuting set‑aside of ex‑parte order may be reckoned; waiting for copy of unrelated ruling not a valid ground; illegality must be apparent on face of record to support extension.
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7 March 2022 |
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Respondent lacked locus standi to sue over deceased's land without letters of administration; tribunals' decisions quashed.
Land law – locus standi – claimant alleging rights through a deceased person must show authorization (e.g., letters of administration) before instituting suit. Civil procedure – competence to sue – absence of proof of authority renders proceedings non-maintainable
Remedy – quashing of tribunal proceedings where plaintiff lacks legal capacity to sue
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7 March 2022 |
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Second appeal allowed where tribunals misapprehended and failed to evaluate evidence on land demarcation; retrial ordered.
Land law – boundary disputes – role of beacons and demarcation in determining plot size; locus in quo visits insufficient without tracing beacons
Evidence – evaluation and weight of evidence – appellate intervention where there is misapprehension of evidence on second appeal
Procedure – remedy of quashing tribunal decisions and ordering retrial when findings rest on inadequate analysis of material evidence
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7 March 2022 |
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Tribunal judgment quashed because assessors did not give independent opinions; matter remitted for proper opinions and fresh judgment.
Land law; procedure — assessors' opinions — Rule 19(2) LDCR requires independent written opinions from each assessor; chairperson may accept assessors but must analyse evidence — non‑independent assessor opinion vitiates proceedings — remedy: quash and remit for fresh opinion and judgment.
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4 March 2022 |
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Certificate of title establishes ownership; trespassers paid compensation not entitled to stay; eviction and damages granted.
Land law – Certificate of title conclusive of ownership unless shown to be unlawfully obtained or revoked; trespassers receiving voluntary compensation have no right to remain; reliefs include eviction, demolition, injunctions, damages and costs.
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4 March 2022 |
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Unchallenged certificate of title establishes plaintiff's ownership; trespassers not entitled to compensation; eviction, demolition and damages granted.
Land law – Certificate of Title – primacy of registered title and unchallenged certificate as decisive evidence of ownership; judicial notice of prior in rem judgment
Trespass – occupants on registered land deemed trespassers; no legal entitlement to compensation from registered owner
Compensation – voluntary payments by owner to trespassers are gratuitous and adequacy is legally irrelevant
Remedies – eviction, demolition, permanent injunction, general damages and costs ordered
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4 March 2022 |
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Revision is inappropriate where a right of appeal exists; the revision application was struck out as incompetent.
Land procedure – Revision jurisdiction under section 43(1)(a) – Revisional powers inapplicable where there is a right of appeal; revision is exceptional. Civil procedure – Competence of application – Grounds constituting an appeal cannot be pursued by revision. Civil procedure – Defaulting respondents – failure to file ordered written submissions treated as non-appearance and justifies ex parte proceedings, but does not cure procedural incompetence of the remedy chosen
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4 March 2022 |
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Revision struck out because applicant had an available right of appeal and showed no exceptional circumstances.
Land law — Revision v appeal — Revisional jurisdiction only where no right of appeal — Appellate and revisional jurisdictions mutually exclusive — Exceptional circumstances required to invoke revision — Application incompetent and struck out with costs.
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4 March 2022 |
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Applicant's request to file an out-of-time land appeal was dismissed for failure to account for each day of delay and lack of supporting evidence.
Civil procedure – Extension of time – Applicant must account for each day of delay (Bushiri principle). Extension of time – Discretionary remedy requiring sufficient cause and supporting evidence
Evidence – Allegations of registry mishandling require corroborative affidavits or documentary proof
Limitation – Ignorance of procedure is not sufficient cause for extension of time
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4 March 2022 |
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An affidavit inconsistent about oath/affirmation by the applicant (given declared religion) is incurably defective and fatal to the application.
Oaths and Affirmation Rules – affidavit must show oath or affirmation consistent with deponent's religion; affidavit as substitute for oral evidence; inconsistency (Christian described but affirmed) is incurably defective; constitutional avoidance of technicalities does not override statutory formalities; defective affidavit renders Chamber Summons incompetent and application strikeable.
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4 March 2022 |
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Failure to account for delay and non-apparent illegality (non-joinder) led to refusal of extension of time to appeal.
Extension of time — discretion to grant — requirement to account for each day of delay; exclusion of time spent prosecuting another proceeding (revision); sufficiency of reasons — inability to pay counsel; illegality/non-joinder — must be apparent on the record to justify extension (Devram Valambia, Lyamuya, Fortunatus Masha, Bushiri principles).
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3 March 2022 |
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Application struck out as incompetent because the supporting affidavit was attested by the same advocate who drew it.
Affidavit — attestation by same advocate who drafted it — incurable defect — incompetence of application — striking out vs withdrawal — costs follow the event — non-profit status insufficient to deny costs.
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3 March 2022 |
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Failure to record and read assessors' written opinions vitiates tribunal proceedings, necessitating a fresh retrial.
Land tribunals — assessors’ participation — requirement for written opinions — opinions must be read to parties and form part of record — failure to comply vitiates proceedings; section 45 not available to cure fundamental irregularity.
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2 March 2022 |
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Court recorded parties’ consent settlement making reduced payment a binding decree and ordered property release upon performance.
Consent decree – parties’ out-of-court settlement recorded and marked as court decree; enforceability. Settlement terms – reduced payment accepted in full and final satisfaction of prior decree; plaintiff abandons claims
Execution/attachment – conditional release of property from attachment and sale upon settlement payment and court recording. Payment directions – specified payer, amount, deadline and bank account to effect settlement
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2 March 2022 |