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Citation
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Judgment date
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| May 2022 |
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Suit struck out with costs for failure to join a necessary owner/occupier; non-existence objection held to be factual.
Civil procedure — Preliminary objections — distinction between points of law and factual issues; Non-joinder of necessary party — effect on competency and ability to pass effective decree; Order I Rule 9 and Rule 10(2) Civil Procedure Code — court’s power to add or strike out parties; Striking out suit with costs for failure to join owner/occupier.
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25 May 2022 |
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The plaintiff's failure to state the land title number renders the plaint incurably defective and warrants striking out with costs.
Civil Procedure — Order VII r.3 — Description of immovable property — Mandatory specification of title number where available under Land Registration Act; Preliminary objections — plaint incurably defective for omission of title number; remaining objections (limitation, abuse of process, res judicata) not adjudicated as matter was disposed of by fatal defect.
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25 May 2022 |
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Second appellate court allowed the applicant's appeal due to necessary non-joinder of the vendor, quashing lower courts' decisions.
Land law – ownership dispute where both parties bought from same vendor – necessity of joining vendor as a party. Civil procedure – non-joinder of necessary party; effect on validity of proceedings. Appellate procedure – limits of second appeal; new grounds not raised earlier cannot be entertained
Evidence – evaluation of competing oral testimony and sale agreement; role of locus in quo when not raised below
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25 May 2022 |
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Application for injunction dismissed as res judicata, the court being functus officio and the filing an abuse of court process.
Civil procedure – Res judicata – application under section 9 CPC – five conditions (same issue, same parties/privies, same title, competent court, finally decided) – interlocutory relief barred where matter already finally determined. Civil procedure – Functus officio – court cannot reopen subject matter finally decided by a competent court. Civil procedure – Abuse of court process – relitigation and reframing of relief to circumvent prior decree
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25 May 2022 |
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Temporary injunction granted where triable tenancy dispute, risk of irreparable harm, and balance of convenience favoured the applicant.
Land — interlocutory injunction — requirements: prima facie/triable issue; irreparable harm; balance of convenience; oral tenancy vs. employment dispute; enforcement of alleged oral lease reserved for trial.
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25 May 2022 |
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Failure to record assessors' participation and reading of their opinions renders appellate proceedings null and mandates rehearing.
Land Disputes Courts Act — appellate District Tribunal must sit with two assessors; assessors must give opinions in presence of parties and have those opinions recorded and read before judgment — failure to show assessors' participation or reading of opinions is a fatal irregularity rendering proceedings null — rehearing ordered.
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24 May 2022 |
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A plaint must sufficiently identify immovable property; failure to identify individual plots warranted striking out with costs.
Land law – Pleading – Order VII Rule 3 CPC – Requirement that a plaint describe immovable property sufficiently to identify it; unsurveyed land requires boundaries/permanent features; annexed documents do not cure defective pleadings; incompetence and striking out where description is inadequate.
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24 May 2022 |
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The applicant failed to prove interest in the attached property; objection proceedings under Order XXI were dismissed.
Civil Procedure – Objection proceedings – Order XXI Rules 57(1), 57(2) and 58 – requisites for objection: attachment in execution, execution proceedings, non-party status, proof of interest/possession at date of attachment.
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24 May 2022 |
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Alleged illegality and denial of hearing were not apparent on the record; extension of time application dismissed with costs.
Civil procedure – extension of time – section 11(1) AJA – applicant must show sufficient cause. Illegality as ground for extension – must be apparent on the face of the record (Lyamuya principle). Right to be heard – allegation not supported where record shows counsel addressed the court
Execution – whether orders improperly affected a deceased judgment debtor; here they affected only the applicant
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24 May 2022 |
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Non‑joinder of the Village Government as a necessary party rendered proceedings ineffective; appeal allowed and fresh suit permitted.
Land law — allocation disputes — non‑joinder of allocating authority as necessary party; Civil procedure — non‑joinder of necessary party fatal to proceedings; Second appeal — limited to questions of law and interference where there is misapprehension of evidence; Evidence — contradictions in testimony and need to call material institution to establish allocation history.
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23 May 2022 |
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Second appellate court restored trial finding that the applicant proved ownership, quashing the appellate tribunal's decision.
Land law – proof of ownership – relevance and specificity of sale agreements to the disputed parcel. Burden of proof in civil claims – party asserting ownership must prove on balance of probabilities. Second appeal – limited interference with concurrent findings of fact; misapprehension of evidence required to disturb trial findings
Evidence – weight of oral testimony and locus in quo inspection in credibility assessments
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23 May 2022 |
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Second appellate court found appellant proved title; quashed appellate tribunal's decision and allowed the appeal without costs.
Land law – proof of title – relevance and specificity of sale agreements to the disputed parcel – burden of proof on plaintiff; Appellate review – second appeal limited to questions of law but may interfere where there is misapprehension of evidence; credibility and locus visit considerations in factual disputes.
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23 May 2022 |
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High Court lacks pecuniary jurisdiction for recovery suits where property value is below TZS 300,000,000; suit struck out.
Land law – Pecuniary jurisdiction – Section 37(1) Land Disputes Courts Act – High Court original jurisdiction requires property value exceeding TZS 300,000,000. Civil procedure – Competent court and transfer – Section 21(1) CPC – transfer inappropriate where jurisdictional objection disposes of matter. Procedural law – Suit struck out for want of jurisdiction; appropriate forum is District Land and Housing Tribunal
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23 May 2022 |
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Applicant failed to show good cause for extension of time: delay after receiving judgment copies and insufficient medical evidence.
Civil procedure — Extension of time to appeal — Whether applicant showed good and sufficient cause — Delay in obtaining judgment copies and exclusion under limitations law — Medical evidence and incapacity to prosecute appeal — Requirement to account for every day of delay.
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23 May 2022 |
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Leave to appeal refused; no arguable legal issue shown that the property formed part of the deceased's estate.
Civil procedure – Leave to appeal – where to grant: only for serious or arguable points of law or disturbing features requiring guidance of Court of Appeal
Jurisdiction – Primary Courts – lack jurisdiction to determine land disputes; land matters reserved to Land Division, Land Tribunals, Ward/Village bodies and Court of Appeal. Property & succession – validity of Deed of Gift as proof of transfer; onus to prove forgery and that property forms part of deceased's estate
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23 May 2022 |
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Leave to appeal refused where Primary Court lacked land jurisdiction and Deed of Gift properly established ownership.
Jurisdiction – Primary Courts – no jurisdiction to determine land disputes or declare property part of deceased's estate Appellate practice – leave to appeal – requires arguable/serious point of law or prima facie case Evidence – validity and weight of Deed of Gift; claimant's burden to prove forgery or that property forms part of estate
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23 May 2022 |
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Appellant failed to prove a valid sale agreement; occupation alone did not establish title, appeal dismissed.
Land law – disputed ownership – burden of proof on claimant to prove title and authenticity of sale agreement; Evidence – authenticity of document – effect of witness denial and procedure to declare hostile witness; Possession – occupation/erection of structures does not by itself establish title; Appellate review – first appellate tribunal's factual findings on credibility and documents upheld.
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23 May 2022 |
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Stay of execution dismissed for failing to show pending proceedings, prima facie success, or irreparable harm.
Civil procedure – Stay of execution – Requirements: prima facie likelihood of success, substantial and irreparable injury, and balance of convenience – TANESCO test applies. Stay of execution hinges on pending appeal or other pending proceedings; absence of such pending matter typically precludes stay. Discretion as to security for stay is available but does not replace the need to prove the fundamental prerequisites
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23 May 2022 |
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An omnibus application is competent only if the combined reliefs are interrelated and capable of joint determination.
Omnibus applications — joinder of multiple prayers — competence of combined reliefs — test of interrelatedness and capacity for joint determination — temporary injunction; leave to file representative suit — distinct statutory regimes.
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23 May 2022 |
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Typographical mis-citation does not invalidate the injunction application; an argumentative paragraph in the affidavit was expunged.
Land — Interim injunction application — Preliminary objections — Wrong citation of law (typographical error) — Affidavit must be factual not argumentative (Order XIX Rule 3) — Expungement of defective paragraphs — Overriding objective and substantive justice.
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23 May 2022 |
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Extension granted because alleged illegality (tribunal judgment with one assessor) was apparent on the record.
Civil procedure – Extension of time – Law of Limitation Act, s.14 – requirement to show sufficient cause and account for delay. Illegality as ground for extension – point must be of sufficient importance and apparent on the face of the record (Lyamuya principle). Trial tribunal composition – requirement for assessors under section 23(1) and (2) Cap. 216; judgment delivered with one assessor may render proceedings irregular. Procedural consequence – failure to file written submissions when ordered amounts to waiver and permits ex parte determination
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20 May 2022 |
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High Court struck out suit for lack of jurisdiction where plaint effectively sought to impeach a tribunal decision.
Civil procedure – Jurisdiction – High Court lacks jurisdiction to entertain a fresh suit that effectively challenges a District Land and Housing Tribunal decision; proper remedies are review, revision, objection proceedings or appeal. Preliminary objection – Point of law – Validity and sufficiency of a jurisdictional preliminary objection to strike out improperly instituted suit. Land disputes – Reliefs grounded in impeaching tribunal rulings cannot be pursued by fresh plaint; court must consider proper procedural vehicle
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20 May 2022 |
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Failure to serve the mandatory 90‑day notice and copy to the Attorney General renders the suit incompetent and struck out.
Government proceedings – mandatory 90‑day notice of intention to sue – copy to Attorney General and Solicitor General – Written Laws (Miscellaneous Amendments) Act No.1 of 2020 – non‑compliance renders suit incompetent and liable to be struck out.
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20 May 2022 |
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An executing tribunal exceeded its decree by issuing eviction not supported by the operative judgment; eviction order set aside.
Land execution — Appeal pending does not automatically stay execution — stay must be granted under Order XXI r.24 CPC; Executing court limited to operative decree — cannot execute beyond decree; Eviction order without support of effective decree is unlawful and liable to be set aside.
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20 May 2022 |
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Appellate tribunal erred by determining an incompetent application arising from a withdrawn appeal; ruling quashed and set aside.
Civil procedure – competence of applications – withdrawn appeal v. dismissed appeal – proper remedy is leave to re‑file or extension of time, not application to set aside non‑existent dismissal. Civil procedure – incompetent pleading – tribunal should strike out incompetent application instead of determining and dismissing it on merits. Land appeals – procedural correctness – framing of application under Order XXIII Rule 1(3) Civil Procedure Code relevant when appeal withdrawn without leave to refile
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20 May 2022 |
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Court overruled preliminary objections, permitted correction of a clerical misnomer, and held jurisdictional/vexatious complaints required factual evidence.
Land Appeal – Preliminary objections – Misnomer/clerical error cureable under section 96 Civil Procedure Code – Jurisdictional and vexatious objections requiring factual inquiry not pure points of law – Mukisa Biscuits principle applied.
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20 May 2022 |
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Leave to appeal granted where applicant has right to appeal and the impugned decision is appealable.
Land law; leave to appeal — criteria for granting leave to appeal to Court of Appeal — rights of parties; appealability of decision; requirement of valid grounds versus mere prospects of success; leave granted without costs.
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19 May 2022 |
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Delay in obtaining a judgment copy can constitute good cause; appeal period starts from date copy was received.
Extension of time – good cause – delay in supply of judgment copy – computation of limitation period under s.19(2) Law of Limitation Act – s.41(2) Land Disputes Courts Act – authorities: Lazaro Mpigachai; Mbogo v Shah.
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19 May 2022 |
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Second appeal dismissed: chairperson lawfully departed from assessors, joinder and jurisdiction objections were untimely and unproven.
Land procedure – assessors' opinion – requirement to state reasons when departing from assessors (s.24 Land Disputes Courts Act); Joinder of parties – when vendor/purchaser are necessary parties (possession-based rule); Procedural timing – raising non-joinder and jurisdictional objections at earliest opportunity; Pecuniary jurisdiction – challenge must be timely and supported by evidence.
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19 May 2022 |
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19 May 2022 |
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An appeal against a preliminary/interlocutory order that does not finally determine the suit is incompetent and struck out.
Civil procedure – Appealability – interlocutory/preliminary orders – section 74(2) CPC – appeal only if order finally determines the suit; Bozson test
Pleadings – amendment raising new subject matter (issue raised but not decided). Overriding objective and verification clause (raised but not determined)
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19 May 2022 |
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Alleged non‑service (illegality) on the applicant justified extension of time to apply to set aside an ex parte judgment.
Civil procedure – extension of time under s.14(1) Law of Limitation Act – discretion to grant extension – requirement of sufficient cause
Illegality – non-service of process apparent on face of record may constitute sufficient cause for extension. Negligence of counsel – lack of diligence by advocate is not ordinarily sufficient unless illegality is established on record
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19 May 2022 |
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Restoration granted where director’s sickness (supported by medical chit) constituted sufficient cause; second applicant failed to show cause.
Land procedure – Restoration under Order IX Rule 6(1) CPC – Sufficient cause – Sickness supported by medical evidence as ground for restoration – Overriding objective inapplicable where suit struck out for failure to prosecute – No prejudice to respondent.
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19 May 2022 |
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Extension of time denied where the applicant failed to account for each day of delay and prove late supply of judgment copies.
Limitation of actions – extension of time – requirement to show sufficient cause and to account for each day of delay; proof of receipt of court records; overriding principle inapplicable where delay unaccounted for.
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19 May 2022 |
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A final matrimonial-court ownership finding bars a land tribunal from re‑deciding ownership; objection in execution is the proper remedy.
Land law – matrimonial property – prior matrimonial court judgment determining ownership; res judicata and finality of judgment; jurisdiction of District Land and Housing Tribunal to re-decide ownership; execution proceedings vs. objection in execution.
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19 May 2022 |
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Assessors' opinions must be read in open court; prior judgment on ownership final; unpleaded monetary award quashed.
Land law — assessors' opinions must be given in writing and read in parties' presence; prior final judgment declaring bona fide purchaser precludes re-litigation of ownership; eviction claim may constitute a distinct cause of action; monetary relief must be pleaded and proved — award in foreign currency without pleading or reasons is void.
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18 May 2022 |
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Applicant permitted to withdraw and refile subject to limitation; court awarded costs due to late withdrawal and steps taken.
Civil procedure – Withdrawal of application – Leave to withdraw and leave to refile – Subject to law of limitation
Costs – Whether costs should follow withdrawal where withdrawal is sought at an advanced stage and respondent incurred costs. Procedural irregularity – Filing by another advocate/under wrong provision does not automatically negate award of costs
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18 May 2022 |
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Court granted extension to challenge taxing master's bill due to alleged apparent illegality in the instruction-fee receipt.
Civil procedure — extension of time — application under Order 8(1),(2) Advocates Remuneration Order and section 95 CPC — exercise of judicial discretion. Costs and taxation — Bill of Costs — validity of instruction-fee receipt relied upon by taxing master. Illegality on the face of the record — where apparent illegality exists, it constitutes good cause to extend time irrespective of explanation
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18 May 2022 |
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Court granted 30-day extension to appeal after applicant accounted for delay caused by late records and counsel’s leave.
Land law – extension of time to appeal under s.41(2) Land Disputes Courts Act – requirement of sufficient cause and accounting for each day of delay. Civil procedure – discretionary extension of time – factors: length and reason for delay, prejudice, conduct of parties, right of appeal
Evidence – late receipt of certified copies and advocate’s annual leave as grounds for delay; use of affidavits and travel tickets to account for delay
Precedents – Bushiri v Mashayo and related authorities on accounting for delay
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17 May 2022 |
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Appeal contesting admissibility and sufficiency of a bank statement to prove loan indebtedness dismissed.
Land law — mortgage enforcement; Evidence — admissibility of banker's book/electronic bank statement; Evidence Act s.79 (bankers' book copies) and Electronic Transactions Act s.18 — oral verification and authentication; burden of proof on party disputing claimed debt; failure to object or cross‑examine amounts to acceptance of exhibit.
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17 May 2022 |
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Appeal allowed: Ward Tribunal judgment invalid for lack of required four-member quorum due to secretary's improper participation.
Land law — Ward Tribunal composition — Secretary not a member — Participation of secretary in decision invalidates judgment; Quorum — section 11, Land Disputes Courts Act — minimum four members required; Appeal — appellate tribunal's failure to address composition defect; Remedy — quashing and setting aside of impugned decisions.
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17 May 2022 |
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Appeal dismissed as time-barred for failure to file within 45 days and seek an extension.
Civil procedure — appeals from District Land and Housing Tribunal — time limit under s.41(2) Land Disputes Courts Act (45 days); extension for good cause — absence of application for extension — appeal filed out of time; court’s duty to take judicial notice of jurisdictional defects; remedy under Law of Limitation Act s.3 — dismissal of time-barred appeal.
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17 May 2022 |
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Revisional quashing upheld where Ward Tribunal held ex-parte hearing without proof of summons and claimant lacked registered Power of Attorney.
Land law – Revisionary jurisdiction – District Tribunal’s powers under Sections 35 and 36 of the Land Disputes Courts Act – quashing Ward Tribunal proceedings for procedural irregularities. Civil procedure – Locus standi – requirement for valid/registered Power of Attorney before instituting suit on another’s behalf. Civil procedure – Ex-parte proceedings – necessity of proof of service/notification of summons; absence vitiates judgment
Appeals – appellate court will not entertain issues not raised in lower courts
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17 May 2022 |
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Non-joinder of the municipal government as a necessary party rendered the land suit incompetent and it was struck out.
Civil procedure – Amendment of pleadings – Order VI Rule 17 – court’s power to allow addition of parties for ends of justice Constitutional/local government – Suability of ward executive council – when municipal/local government is necessary party Government Proceedings Act – notice and procedural requirements where government is to be impleaded Non-joinder – failure to implead necessary government party renders suit incompetent – strike out remedy
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16 May 2022 |
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Extension of time refused where applicant’s asserted sickness was unproven by medical evidence.
Extension of time – application to file review – sickness as ground for delay – requirement to prove sickness by medical evidence – burden of proof on applicant alleging facts – discretionary refusal where delay unaccounted for.
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13 May 2022 |
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Application for extension to file defence refused; plaintiff allowed to prove case ex parte.
Civil procedure — Order VIII CPC — time to file written statement of defence — application for extension must be made before expiry of 21 days or within 7 days after expiry. Civil procedure — extension of time — party must show 'good cause' (reasons for delay, length, diligence, prejudice). Civil procedure — ex parte hearing — plaintiff entitled to proceed ex parte where defendant fails to file defence within prescribed time
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13 May 2022 |
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Extension of time granted to file revision due to apparent illegality and procedural irregularities despite some unexplained delay.
Civil procedure — Extension of time under section 14(1) Law of Limitation Act — discretionary power and Lyamuya factors (account for delay, inordinate delay, diligence, apparent illegality). Administrative/land law — necessity of joining necessary parties and substitution of a deceased party — failure to substitute may be apparent illegality
Evidence/procedure — apparent irregularity in record (admission of exhibit) can amount to sufficient cause for extension. Negligence of counsel — not a sufficient ground for extension unless supported by material evidence
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13 May 2022 |
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Filing date/receipt inconsistencies and an unpaid amended petition nullified the district tribunal proceedings, and the appeal was allowed.
Land procedure — appeal to District Land and Housing Tribunal — requirement of correct filing details and proof of payment. Amended petition — payment of filing fee — non-payment or absence of receipt may render amendment a nullity. Procedural irregularities — effect of vitiating and quashing appellate tribunal proceedings
Relief — allowance of appeal and right to refile following compliance with procedural requirements
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13 May 2022 |
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Court ordered directors' committal as civil prisoners unless decretal sum paid within 14 days, after failed asset tracing.
Civil procedure — Execution of decree for payment — Order XXI Rules 28, 35 and 36 — Arrest and detention as civil prisoner — Procedural safeguards and notice to show cause — Committal where attachment and tracing of assets fail.
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13 May 2022 |
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Leave to appeal granted where impugned decision was appealable and applicant showed valid grounds, including alleged illegality.
Land law – leave to appeal to Court of Appeal under s.47(1) LDCA – requirements for leave: affected rights, appealability and valid grounds (not mere prospects of success) – alleged illegality on face of record as basis for leave – uncontested ex parte application.
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12 May 2022 |