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Citation
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Judgment date
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| June 2022 |
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Extension of time refused where applicants failed to account for delay or produce evidence supporting claimed reasons.
Civil procedure – extension of time – applicant must account for each day of delay and show sufficient cause – application of Lyamuya test. Requirement of evidence to support asserted reasons for delay (e.g., medical proof of advocate's sickness). Late procurement of copies of impugned decision does not automatically justify extension without demonstration of diligence and timely steps.
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30 June 2022 |
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A jurat omitting the identification clause required by section 10 renders an affidavit defective and the objection is sustained.
Oaths and Statutory Declarations Act s.10 – jurat requirements – Schedule mandates stating whether deponent is known to commissioner or identified by another – omission renders affidavit defective and authenticity questionable; preliminary objection sustained.
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30 June 2022 |
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Land Division lacks jurisdiction to nullify a Commercial Division consent order where execution proceedings are pending; suit struck out.
Civil procedure — Jurisdiction — Where a property is subject to execution in the High Court (Commercial Division), challenges to a consent judgment/decree should be pursued in the executing court (or by appeal/review); suit in another division is not maintainable — suit struck out.
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30 June 2022 |
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Court allowed a pre‑litigation Mareva-type injunction where notice to sue was served and triable issues, irreparable harm and balance of convenience were shown.
Land — Pre-litigation (Mareva-type) injunction — When courts may grant injunctive relief before suit against Government — Requirement of intention/steps to sue, triable issues, irreparable harm and balance of convenience.
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30 June 2022 |
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Mortgagee’s sale invalid where loan was repaid; purchaser held trespasser and plaintiffs’ titles restored.
Land law – mortgage security – scope of security (house v. whole land); validity of mortgagee’s sale; bona fide purchaser; trespass; demolition and damages.
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30 June 2022 |
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Appellate court upholds tribunal finding of trespass, favors seller's oral/site-evidence over late-sale-document annexures.
Land law – boundary dispute and alleged trespass – evidential weight of oral testimony from original seller and locus in quo inspection versus conflicting sale agreement measurements. Civil procedure – appeals – inadmissibility of new documents/annexures appended to submissions at appeal stage (Order XXXIX CPC). Evidence – assessment of credibility and reliance on site inspection and seller's identification of beacons.
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30 June 2022 |
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Revision application was time‑barred under the Limitation Act and, absent leave to file late, was struck out.
Land law — Revision of judgment — Time‑barred applications — Application under section 43(1) Land Disputes Courts Act — Law of Limitations Act, Part III item 21 — Leave required to file out of time — Application struck out.
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30 June 2022 |
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A preliminary objection raising factual issues about time-bar is improper; the application for extension must proceed to merits.
Land procedure – extension of time to file appeal – absence of prescribed statutory time for enlargement applications – preliminary objection raising factual/mixed questions inappropriate – Mukisa Biscuit and Lyamuya authorities applied.
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30 June 2022 |
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Plaintiff proved ownership by share certificate; defendants' CT covered a different 1/6 share; declaration, injunction, removal order and token damages granted.
Land — ownership of apartment unit — share certificate by developer vs registered title for 1/6 share — locus in quo inspection — burden and standard of proof on balance of probabilities — injunction and removal of obstructions — token damages for harassment.
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30 June 2022 |
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Dispute was contractual, not a land matter; land tribunals lacked jurisdiction, parties must seek remedy in competent civil court.
Jurisdiction — distinguishing land disputes from contractual claims — Ward Tribunal and District Land and Housing Tribunal lack jurisdiction over purely contractual breaches arising from private settlement; appellate tribunal’s remedies limited where subject-matter falls outside tribunal competence; remedy must be sought in a court competent for contract claims.
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30 June 2022 |
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Application for interim injunction after eviction dismissed for misapplying Order XXXVII and failing the injunction test.
Civil procedure – Interim injunctions – Order XXXVII Rules 1(a),(b) & 2(1) and section 95 Cap 33 R.E.2019 – Applicability where property is threatened with waste, damage, alienation or removal to defraud creditors – Inapplicability to simple eviction disputes; Interim relief – Atilio v Mbowe tripartite test – prima facie case, irreparable harm, balance of convenience – mere prima facie case insufficient; Tenancy – unpaid rent and eviction undermining injunction relief.
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30 June 2022 |
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Court upheld Taxing Master’s costs award, finding no unreasonable exercise of discretion and dismissed the application with costs.
Land law – Taxation of bill of costs – scope and limits of Taxing Master’s discretion – Advocate Remuneration Order (G.N. No. 264/2015) – instruction and appearance fees – application to set aside taxation – requirement to prove unreasonable exercise of discretion; Premchand Raichand guidance.
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30 June 2022 |
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Court grants Mareva‑type injunction preventing disposal of land pending expiry of statutory notice to sue government.
Civil procedure – interlocutory/Mareva‑type injunction prior to suit – grant pending expiry of statutory notice to sue government; requirements of triable issue, balance of convenience, irreparable harm. Application of local authorities on pre‑suit injunctions and statutory notice to sue government.
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30 June 2022 |
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Failure to file ordered written submissions equates to non-appearance and warrants dismissal for want of prosecution.
Land law – boundary/trespass dispute between neighbors – appeal dismissed for procedural default; Civil procedure – written submissions – failure to file as ordered equates to non-appearance and may lead to dismissal for want of prosecution; Procedural compliance – late submissions without leave are disregarded.
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30 June 2022 |
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Appeal dismissed: respondent's title upheld; vendor's testimony sufficed and appellants failed to prove fraud.
• Civil procedure – necessary parties – vendor who gave evidence at trial need not be separately joined; • Evidence – burden of proof for fraud rests on party alleging fraud (Evidence Act ss 110, 111); • Land law – Land Act s64 not applicable to unsurveyed land; • Admissibility – sale agreement and documentary evidence assessed on merits (including local government involvement); • Procedure – locus in quo visit discretionary; objections to amended pleadings must be raised at trial; • Judgment – reasons given by tribunal sufficient.
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30 June 2022 |
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Non-joinder of the Ministry of Lands is fatal where land authorities hold title; amendment cannot bypass Government Proceedings Act.
Land law – necessary party – Ministry of Lands and Human Settlements Development – certificate of occupancy – where land authorities hold title, they are necessary parties. Civil procedure – non-joinder – fatal in land disputes; incompetent suit must be struck out. Government Proceedings Act s.6(2) – procedure to involve government institutions cannot be bypassed by simple amendment.
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29 June 2022 |
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Applicant failed to account for days of delay; extension of time to appeal refused under Lyamuya principles.
Extension of time – Land Disputes Courts Act s.41(2) – good cause – duty to account for each day of delay – Lyamuya criteria – medical evidence and delay in obtaining legal assistance insufficient – application dismissed.
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29 June 2022 |
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Application to set aside an ex parte order dismissed as time-barred; limitation runs from date the order was delivered.
Civil procedure — Application to set aside ex parte order (Order IX Rule 7 CPC) — Time limitation — Law of Limitations schedule (Part II, Item 5) — Section 6(i) Limitation Act inapplicable to court orders — Computation of time runs from date of delivery of order.
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29 June 2022 |
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Appeal filed after statutory 45‑day period under section 41(2) is time‑barred and struck out.
Land procedure – limitation period for appeals – Section 41(2) Land Disputes Courts Act – appeals must be filed within 45 days – appeal filed after 45 days without leave is time‑barred and struck out.
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29 June 2022 |
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Second appeal dismissed; minor measurement inconsistencies and new ownership complaints did not justify overturning tribunals' concurrent findings.
Civil procedure — Second appeal — limited to questions of law; appellate interference with concurrent factual findings only where misapprehension of evidence, miscarriage of justice, or legal error. Evidence — locus in quo inspection — weight afforded to trial tribunal's site visit and witness assessment. Property law — ownership vs trespass — ownership challenges not first raised at trial cannot be entertained on second appeal. Documentary inconsistencies — minor discrepancies in measurements do not necessarily vitiate tribunal findings.
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29 June 2022 |
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Proof of proper service of the 60‑day statutory default notice is essential; absent such proof, auction-related claims fail in part.
Land law – section 127 Land Act – requirement to serve 60‑day notice of default; proof of service; evidence and postal receipts; auctions – necessity of proven completed sale before declaring sale illegal; burden of proof in civil cases (Evidence Act s.110).
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29 June 2022 |
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Leave to appeal granted where intended grounds raised arguable limitation, jurisdiction and evidence-evaluation issues.
Civil procedure – Leave to appeal – Criteria for grant: issues of general importance, novel point of law, or prima facie/arguable grounds (BBC v Ng'maryo). Appellate practice – Role of court on leave application: assess arguability, not decide merits. Limitation and jurisdictional objections – whether failure to resolve limitation affects validity of proceedings and merits appellate review. Evaluation of evidence at trial – whether appellate scrutiny is warranted where alleged mis-evaluation raises arguable grounds.
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29 June 2022 |
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Court partly allowed reference, reducing an excessive instruction fee for lack of justified special grounds and awarding Tshs. 5,070,000 as costs.
Advocates' remuneration – Taxation of bill of costs – Scope and limits of Taxing Master’s discretion to exceed prescribed scales – necessity to justify departure by demonstrating complexity, time, value, research and other special circumstances. Advocates Remuneration Order (11th Schedule item (m)) – prescribed scales for instruction fees in applications – unopposed Tshs. 500,000; opposed Tshs. 1,000,000. Attendance costs – calculation and proportionality – multiple court attendances may justify aggregate attendance fees.
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29 June 2022 |
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A plaint lacking a sufficiently specific description of immovable property under Order VII Rule 3 is incompetent and struck out.
Civil Procedure – Order VII Rule 3 – Description of immovable property – Mandatory requirement to identify land – Vague description renders plaint incompetent – Suit struck out with costs.
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28 June 2022 |
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Court granted ex-parte stay of execution pending review after finding irreparable harm and reasonable promptness despite no security.
Stay of execution — Order XXXIX Rule 5(3) CPC (substantial loss, promptness, security) — Order XXI Rule 24(3) court’s discretion re security — ex-parte stay pending review — substituted service by publication.
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28 June 2022 |
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Failure to record and read assessors' opinions vitiates tribunal proceedings and mandates retrial before a different chair and assessors.
Land disputes — Assessors — Requirement that assessors give opinions in writing and those opinions be recorded and read to the parties before judgment — Non-compliance vitiates proceedings — Section 23 Land Disputes Courts Act; Regulation 19(2) District Land and Housing Tribunal Regulations.
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28 June 2022 |
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Appeal allowed where trial tribunal relied on a pleading slip and failed to analyze evidence showing no proven trespass.
Pleadings — alleged admissions — court must construe pleadings in context and not rely on isolated words that contradict the whole pleading. Appellate review — misdirection/non-direction by trial tribunal permits appellate court to re-examine evidence and make findings. Evidence — weight of viva voce evidence and locus in quo observations overrode a probable slip in pleadings. Procedure — tribunal must analyze evidence and explain disagreement with assessor if differing from assessor's opinion.
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28 June 2022 |
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Appeal dismissed: land tribunal correctly found appellant lacked locus standi after probate court revoked administratorship.
Land law – locus standi – preliminary objections – whether a party is fictitious/non-existent due to revocation of letters of administration. Evidence – judicial notice – courts may take judicial notice of probate decisions under ss.58–59 Evidence Act. Probate jurisdiction – appointment and revocation of administrators fall within primary/probate court powers (Fifth Schedule, Magistrates Courts Act) and are not for the Land Tribunal. Civil procedure – preliminary objection appropriate where capacity to sue is challenged; land claims premature pending resolution of probate matters.
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28 June 2022 |
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Whether tenant owed rent arrears and whether the Tribunal rightly weighed evidence and allocated onus of proof.
Land law – lease – rent arrears – proof of arrears – admissibility and weight of demand notices and correspondence; burden of proof in civil claims shifts to defendant after claimant adduces evidence; absence of invoice not fatal where mode of payment was not exclusively by invoice.
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28 June 2022 |
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Appeal allowed where purchaser acquired from a seller without title; surveyed land transfer formalities not complied with.
Land law – Surveyed land – Transfer formalities and role of land authorities – tripartite disposition requirements. Property law – nemo dat quod non-habet – purchaser cannot acquire better title than vendor. Civil procedure – reliefs and damages – reliefs must be pleaded and specific damages proved (issue noted but not finally decided).
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28 June 2022 |
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Preliminary objections overruled: 30‑day notice deemed curable; limitation issue is factual, not for preliminary dismissal.
Local Government (Urban Authorities) Act s.106(1)(a) — statutory notice to sue urban authority; overriding objective may cure procedural non‑compliance where notice was served and no prejudice shown; Limitation of actions — cause of action date is factual; time‑bar defence raising mixed fact and law is unsuitable as a preliminary objection; Civil procedure — preliminary objections must raise pure points of law, not issues requiring evidentiary inquiry.
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28 June 2022 |
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Appellate court upheld respondent's ownership finding and dismissed applicant's challenges to trespass and evidential sufficiency.
Land law – ownership v. boundary dispute; trespass/invasion claims – pleadings and framing of issues; sufficiency of a sale agreement in proving ownership; appellate review of tribunal findings and application of balance of probabilities (Hemed Said v Mbilu).
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28 June 2022 |
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An order under Order XXI (rules 98/99/101) is final and not appealable; remedy is to institute a fresh suit.
Land law – execution and complaints against dispossession – Order XXI rules 98, 99 and 101 CPC – conclusive orders – non-appealability of decisions on complaints against dispossession; preliminary objections on time and omission to attach decree.
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27 June 2022 |
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Suit struck out for defective power of attorney; withdrawal refused because defendants had raised a preliminary objection.
Civil Procedure — Withdrawal of suit — Order XXIII Rule 1(1)(2) CPC — withdrawal not permitted where preliminary objection raised by adverse party. Evidence / Formalities — Power of attorney — undated instrument, lack of witnessing date, and implausible registration date may render proceedings incompetent. Civil Procedure — Preliminary objection — issues of law that can dispose case should be decided first (Order XIV Rule 2 CPC). Costs — awarded where defective pleadings/power of attorney attributable to advocate.
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27 June 2022 |
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An application joining unrelated remedies (extension of time and stay of execution) is incompetent and was struck out.
Civil procedure – Chamber summons – Lumping of multiple prayers – Permissible only if prayers are interrelated; otherwise application is incompetent and liable to be struck out.* Administrative law – Extension of time to file revision v. stay of execution – Distinct remedies requiring separate applications when not arising from same legal basis.
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27 June 2022 |
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An administrator cannot be registered as owner of property not shown to belong to the deceased; Registrar rightly refused registration.
Land law – registration – effect of Letters of Administration – administrator may be registered only for assets belonging to the deceased. Land Registration Act – protection of existing Certificates of Title; registrar not obliged to alter title without proper evidence or lawful basis. Evidentiary burden – necessity to produce title documents or court orders to displace registered ownership. Administrative law – refusal to register where title vested in others is lawful.
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27 June 2022 |
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Court lifts corporate veil after six‑year non‑satisfaction of decree; arrest application requires separate procedure.
Company law – lifting/’piercing’ the corporate veil – where directors sign consent decree but decree remains unsatisfied for extended period; elements of improper design or concealment of assets justify veil lifting. Civil procedure – execution of decree – requirement to attempt execution and prove failure before piercing veil. Order XXI Rule 35(1) CPC – procedural requirement that person to be arrested be joined, served notice and allowed to show cause before detention as civil prisoner.
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27 June 2022 |
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Appellant's land claim dismissed for failure to prove ownership; limitation issue was considered but did not save the appeal.
Land law – ownership dispute – burden of proof under the Evidence Act; claimant must prove size and title of purchased land. Limitation – whether cause of action arose on discovery in 2020; District Tribunal’s suo motu consideration allows raising time issue on appeal. Civil procedure – second appeal – admissibility of new grounds where first appellate court addressed the issue.
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27 June 2022 |
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Court refuses to declare ownership where Commissioner’s rectification of a mistakenly issued title and open-space designation remain unresolved.
Land law – Certificate of Title – conflicting titles and mistaken issuance; Commissioner for Lands’ rectification powers; town plan designation of "open space" prevailing; proof and pleading requirements for specific damages; procedural objection raised too late.
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27 June 2022 |
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A registered certificate of title and municipal survey established the plaintiff's ownership; defendants' claims of survey illegality and compensation failed.
Land law – Ownership – Certificate of Title as prima facie proof of ownership; competing oral grants and surveys. Evidence – Admissibility of secondary evidence where original custodian is deceased (ss.67–68 Evidence Act). Land registration – Allegation of irregularity in title grant requires proof from land authorities. Trespass – Removal/demolition of structures proved to encroach on registered plot.
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27 June 2022 |
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Administrators of one estate lack locus to sue over property of another estate; inheritance issues must be raised in probate proceedings.
Locus standi – administrators of an estate – limits of administrative authority to sue in respect of property belonging to another estate; Jurisdiction – distinction between land disputes and probate/inheritance matters; Pleadings – necessity to plead beneficiary status where inheritance interest is relied upon.
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27 June 2022 |
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Late provision of certified court copies amounted to good cause; extension of time granted with costs and 14 days to file.
Extension of time – Law of Limitation Act s.14(1) – "Good cause" – Delay due to late supply of certified court documents – Discretionary grant of extension – Uncontested application.
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27 June 2022 |
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Court adopted parties’ Deed of Settlement, marked appeal amicably settled and made settlement terms binding and enforceable.
Consent judgment – settlement adopted under section 95 and Order XXIII Rule 3 Civil Procedure Code – settlements binding from filing date – withdrawal/striking out of related proceedings – enforceable payment schedule.
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24 June 2022 |
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Leave refused where revision was time‑barred, wrongly cited and no arguable point of law justified appeal.
Land law — Leave to appeal from High Court revisional decisions — Proper statutory provision (LDCA s.47(2)) for leave — Time limitation and preliminary objection — Overriding objective cannot override mandatory limitation provisions — Matters not raised below cannot be raised on appeal.
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24 June 2022 |
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Applicant granted 14-day extension to file appeal after exclusion of time awaiting judgment and accounting for technical delay.
Land law – extension of time to file appeal – s.41(2) Land Disputes Courts Act – good cause test and judicial discretion. Time exclusion – waiting for copy of judgment excluded under s.19(2) Law of Limitation Act and related Court of Appeal authority. Technical delay – time spent prosecuting an appeal later withdrawn or found incompetent excluded (Fortunatus Masha). Applicant’s negligence – mere human error in naming not established as negligence barring extension. Relevant authorities – Lyamuya; Bushiri; Jacob Shija; Fortunatus Masha.
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24 June 2022 |
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Failure to record and read assessors' opinions rendered the tribunal's judgment null, prompting quashing and remittal to the tribunal.
Land Disputes Courts Act s.23(2) – requirement for Chairman and two assessors; assessors must give written opinions and opinions must be on record and read to parties; failure to record/read assessors’ opinions is a fundamental irregularity rendering tribunal judgment null and void; High Court’s revisional powers under s.43(1)(b) to quash and remit for re-hearing.
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24 June 2022 |
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Appellant failed to prove ownership; tribunal's finding that land formed part of the deceased's estate upheld.
Land dispute — proof of ownership; validity and evaluation of sale agreements (signatures, dates, identities); credibility of witnesses; burden and standard of proof in civil cases; appellate review of tribunal findings.
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24 June 2022 |
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Plaintiff granted leave to withdraw land claim; 2nd defendant’s contractual counterclaim struck out; no costs awarded.
Civil procedure — Withdrawal of suit — Order XXIII Rule 1(b) CPC; Counterclaim as cross‑suit — independence and separability — Order VIII Rule 12 CPC; Jurisdiction — contractual cause of action not suitable for Land Division; Costs — discretionary, consideration of parties’ circumstances (advanced age, settlement).
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24 June 2022 |
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A non-administrator heir sued in personal capacity lacked locus standi; tribunal proceedings were nullified and quashed.
Civil procedure – Locus standi – Heir versus administrator – Only an appointed administrator or personal representative may sue or be sued over a deceased’s estate; wrong party sued renders proceedings a nullity. Land law – Succession and estate administration – Suit concerning land belonging to deceased requires action against estate’s administrator. Appeals – Nullity of proceedings – No appeal lies from proceedings that are void for want of proper party/standing.
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24 June 2022 |
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An untimely appeal without appropriate extension is struck out as time-barred; each party bears own costs.
Civil procedure – Appeal – Time bar – Preliminary objection sustained where appellant admitted delay; failure to obtain copies from tribunal is ground for separate extension application, not opposition to preliminary objection; unargued objection deemed abandoned.
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23 June 2022 |