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Citation
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Judgment date
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| June 2022 |
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Application to vacate Deputy Registrar’s execution orders struck out for defective citation, lack of legal foundation, and incompetence.
Civil procedure — Competency of application — Incorrect/wide-ranging citation of enabling provisions — Court not properly moved; affidavit must connect facts to specific statutory reliefs — Overriding objective cannot cure defects going to foundation of case — Application to vacate Deputy Registrar’s execution orders requires proper legal basis.
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23 June 2022 |
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Sale of one mortgaged plot nullified for valuation and auction irregularities; other plot sale held lawful.
Land law – Mortgagee’s duty to obtain best price (s.133 Land Act) – valuation and auction irregularities vitiating sale. Land law – Notice of default (s.127 Land Act) and statutory publication/14-day notice for auction (s.134) – when auction is lawful. Property transfer – bona fide purchaser protection requires proof of transfer/registration
Relief – nullification of sale where mortgagee fails to follow valuation and sale procedures; restraint against further unlawful disposals
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23 June 2022 |
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A tribunal decision reached suo motu without hearing the affected party is a nullity and must be reheard.
Procedure – Natural justice – audi alteram partem – tribunal raised and decided point suo motu without hearing parties – decision declared nullity and remitted for rehearing.
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23 June 2022 |
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Applicant showed a triable issue but failed to prove irreparable harm or favourable balance of convenience; injunction refused.
Injunctions — requirements for interim relief: prima facie/triable issue, irreparable harm, balance of convenience; service by publication permits ex parte determination where respondent does not appear.
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23 June 2022 |
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The applicant's revision was timely and the Ward Tribunal's ex-parte decision was set aside for lack of proof of service.
Land law; limitation of time for revision from Ward Tribunal – whether Law of Limitation applies and when applicants are deemed to have known of ex-parte judgment; service of summons – requirement for proof of service and effect of absence of summons on record; submissions vs affidavit – submissions are not evidence; appellate power under s.43 Land Disputes Courts Act to quash proceedings for irregularities and denial of right to be heard.
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23 June 2022 |
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An application joining unrelated prayers for extension of time and stay of execution is incompetent and struck out.
Civil procedure – lumping of prayers in a single chamber summons – maintainability – extension of time to file revision v. stay of execution – distinct prayers render application incompetent and liable to be struck out.
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22 June 2022 |
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Applicant failed to prove good cause for extension of time; no material error in tribunal's dismissal; revision dismissed.
Land law – Revision under section 43(1)(b) of the Land Disputes Courts Act – scope: error material to merits causing injustice. Civil procedure – extension of time – applicant must show good cause; must account for all days of delay and show diligence
Evidence – illness of counsel relied upon as cause of delay must be supported by adequate medical proof. Application of Lyamuya principles in applications for extension of time
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22 June 2022 |
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Failure to serve the statutory 90‑day notice renders a proceeding against the Government incompetent; meeting minutes are not valid notice.
Civil procedure – Government proceedings – requirement to serve 90 days' notice under section 6(2) of the Government Proceedings Act – applications treated as 'suits'
Evidence – meeting minutes do not constitute statutory notice; proof of service required. Preliminary objection – point of law under Mukisa Biscuits test
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22 June 2022 |
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22 June 2022 |
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Whether a Ward Tribunal sitting complied with statutory quorum and whether gender or naming requirements in proceedings are mandatory.
Land procedure – Ward Tribunals – quorum for sittings under Ward Tribunals Act (s.4) – quorum is one half of total members. Statutory interpretation – section 11 Land Disputes Courts Act relates to establishment and gender composition, not sitting quorum or requirement to record gender in proceedings. Appellate procedure – raising new grounds on second appeal; court may nonetheless take judicial notice of glaring illegality. Procedural irregularities – omission of member gender, names or signatures not automatically fatal where quorum and participation are evident
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22 June 2022 |
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Leave to appeal granted on arguable issues about ownership proof, location of improvements, and reliance on discredited evidence.
Land law; leave to appeal — discretionary grant where grounds raise arguable/serious questions of law or mixed law and fact; ownership awarded without sale agreement; court’s failure to determine whether improvements lie within disputed land; reliance on discredited evidence.
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22 June 2022 |
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Interim injunction granted to prevent eviction pending trial after finding prima facie case and risk of irreparable loss.
Land — Temporary injunction — Conditions: prima facie triable issue, irreparable injury, balance of convenience — Unilateral rent increase — Validity of eviction notice — Substantial improvements to leased premises.
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21 June 2022 |
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Concurrent factual findings upheld; appeal dismissed for lack of valuation evidence and sufficient oral proof of joint ownership.
Land law – Pecuniary jurisdiction of Ward Tribunal – Value of land must be proved by valuation report; mere estimation insufficient
Evidence – Proof of ownership – Oral evidence admissible under s.61 Evidence Act to prove facts other than contents of documents. Civil procedure – Death of party – Right to sue may survive; absence of objection at trial limits later challenge. Appellate review – Concurrent findings of fact by two lower courts will not be disturbed absent misdirection or misapprehension of evidence
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21 June 2022 |
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Suit struck out for want of pecuniary jurisdiction due to absence of valuation report proving alleged increased land value.
Land law – pecuniary jurisdiction of High Court – where alleged current value of immovable property exceeds sale agreement value, a Valuation Report is required; absence of valuation proof justifies reliance on sale price and striking out for want of jurisdiction; jurisdiction to be determined as preliminary issue.
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21 June 2022 |
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A fresh suit challenging sale/execution of land already finally decreed is barred by res judicata and dismissed with costs.
Civil procedure — Res judicata — Subsequent suit challenging sale/execution of property decreed in prior final judgment — Five conditions of res judicata applied (same subject matter, parties/privies, title, final decision, competent court). Civil procedure — Functus officio — Court cannot revisit or nullify a prior final decree in a fresh suit. Civil procedure — Abuse of process — Reframing cause of action or adding parties does not avoid bar of res judicata; proper remedy is appeal from prior judgment
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21 June 2022 |
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An appeal against a temporary closure order is premature and not appealable unless it finally determines the parties' rights.
Land disputes — appealability — interlocutory orders — Regulation 22(d) GN No.174/2003; Civil Procedure Code s.74(2) — test of finality (does the order finally dispose of parties' rights?) — temporary injunction/closure of premises not appealable if main reliefs remain undetermined.
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21 June 2022 |
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21 June 2022 |
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Plaintiffs allowed to withdraw defective plaint with leave to refile under Order XXIII Rule 1(2)(a).
Civil procedure – defective plaint – omission of mandatory particulars and supporting documents (Order VII Rules 1(b), 14(1)) – withdrawal of suit with leave to refile – Order XXIII Rule 1(2)(a).
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20 June 2022 |
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Plaintiff permitted to withdraw defective plaint with leave to refile; no order as to costs.
Civil Procedure — Defective plaint — Non-compliance with Order VII r.1(b) and Order XIV r.2/Order VII r.14(1) — Withdrawal of suit under Order XXIII r.1(2) — Leave to refile — No order as to costs.
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20 June 2022 |
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Court allowed withdrawal with liberty to refile due to formal defects (non-compliance with Order VII Rule 14(1)) and refused costs.
Civil procedure – Withdrawal of suit – Order XXIII Rule 1 CPC – Leave to withdraw with liberty to refile where suit is incompetent due to formal defects; Non-compliance with Order VII Rule 14(1) CPC – Formal defects rendering suit incompetent; Costs – discretionary refusal despite defendants' consent.
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20 June 2022 |
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The applicant was permitted to withdraw the suit with liberty to refile due to procedural non‑compliance; no costs ordered.
Civil Procedure — Withdrawal of suit — Order XXIII Rule 1 — Liberty to refile — Formal defects — Non‑compliance with Order VII Rule 14(1) — Suit rendered incompetent — Discretion on costs.
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20 June 2022 |
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Court granted interim injunction restraining demolition pending the main suit, finding prima facie case, irreparable harm and balance in applicants' favour.
Civil procedure – Temporary injunction – Order XXXVII Rule 1(a), Rule 4 and Section 68(c),(e) CPC – Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience – Land dispute – Preventing demolition/waste of property pending main suit.
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20 June 2022 |
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A stay of execution dependent on a dismissed restoration application is struck out as having no basis.
Civil procedure – Stay of execution under Order XXI Rule 24(1) CPC – Application dependent on outcome of restoration application – Dismissal of foundational application renders dependent stay application unsupportable – Application struck out.
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20 June 2022 |
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A tribunal's site visit, demarcation and measurements during execution were irregular, warranting revision and retrial.
Land law – execution proceedings – locus in quo (site visit) – propriety of site visits during execution; Procedural irregularity – tribunal measuring and demarcating land and placing beacons; Revision jurisdiction – section 43(1)(a),(b) and (2) Land Disputes Courts Act – setting aside orders and ordering retrial.
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20 June 2022 |
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Application for security for costs dismissed for failure to prove respondent's foreign residence and lack of immovable property.
Civil Procedure — Security for costs — Order XXV Rule 1 — Requirements that plaintiff resides outside Tanzania and lacks sufficient immovable property in Tanzania — Burden of proof on applicant — Uncertified passport insufficient to prove foreign residence — Application dismissed.
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20 June 2022 |
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Security for costs refused where applicants failed to prove respondent resides abroad and lacks immovable property.
Civil Procedure – Order XXV Rule 1 – Security for costs – Requirement that plaintiff resides outside Tanzania and lacks sufficient immovable property – Burden of proof on applicant – Uncertified passport insufficient to prove non‑residence.
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20 June 2022 |
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Illegality apparent on the record (non-joinder) can justify extension of time despite failure to account for delay.
Civil procedure – Extension of time – Judicial discretion to grant extension – Good cause requires accounting for delay; exception where illegality apparent on face of record; non-joinder of necessary party as possible illegality.
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20 June 2022 |
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A dismissal for want of prosecution can operate as constructive res judicata, barring subsequent suits by a purchaser on the same land.
Civil Procedure – Res judicata – Section 9 CPC – conditions: same matter, same parties or privies, same title, heard and finally decided, competent court. Constructive res judicata – dismissal for want of prosecution operates to bar subsequent suits on same subject matter
Privity – purchaser of disputed land can be bound by prior litigation concerning that land. Land law – repetitive litigation over same plot barred by res judicata
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20 June 2022 |
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Applicant granted interlocutory injunction to restrain respondents from destructive grazing and tree-cutting pending the main land suit.
Civil procedure - interlocutory injunction; requirements: prima facie case, irreparable injury, balance of convenience; urgent/chamber summons; ex parte proceedings after proof of service; protection of agricultural investments (trees, irrigation, beehives).
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20 June 2022 |
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A wrong form of appeal (petition vs memorandum) that does not affect substance or prejudice respondents is curable; objection dismissed.
Civil procedure – Appeals from District Land and Housing Tribunal – form of appeal – Memorandum of Appeal required by Order XXXIX, Rule 1 CPC. Application of CPC under section 51 of the Land Disputes Courts Act where no form prescribed. Procedural defects of form – petition versus memorandum – curable where no prejudice and not going to root of case. Court to rely on recorded filings, not documents purportedly served outside court file
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20 June 2022 |
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Plaintiff’s compensation claim accrued in 2013 and was filed after the one-year limitation, so the suit was dismissed.
Limitation of actions – compensation claims under item 1, Part I of the Law of Limitation Act – one-year limitation; accrual of cause of action upon defendant’s failure to pay promised compensation; time-barred suits deprive court of jurisdiction; preliminary objection upheld; Regulation 11(2) of GN. No.174/2003 debated but decision founded on limitation principles
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17 June 2022 |
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Leave to appeal refused where revision challenged an interlocutory tribunal order barred by law.
Land law — Appeals from High Court exercising revisional jurisdiction — Section 47(2) LDCA governs leave to appeal; no need to cite section 5(1)(c) AJA. Civil procedure — Revision of interlocutory orders — Section 79(2) CPC bars revision of interlocutory decisions; leave to appeal denied where proposed appeal lacks arguable or novel points
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17 June 2022 |
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Appellants' challenge to the respondent’s title dismissed; tribunal’s credibility findings upheld despite unstamped sale agreement.
Land law – ownership disputes – proof of title and burden of proof; Civil procedure – locus in quo – discretionary visitation where location uncertainty exists; Evidence – admissibility of unstamped instruments (Stamp Duty Act s39, s47) and rule against raising new issues on appeal; Appellate review – deference to trial tribunal on credibility findings.
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17 June 2022 |
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Court found mutual breach of a construction lease; ordered the applicant to repay USD200,000 and surrender one apartment.
Land/Lease law – construction lease – obligations to construct and furnish apartments; enforcement when parties deviate from contract terms. Breach of contract – parties bound by pleadings; burden of proof on claimant to prove claimed amounts
Remedies – repayment of loan under lease, surrender of apartment as contractual remedy, deduction of improperly collected rents from outstanding charges. Civil procedure – issuance of tax/EFD receipts not enforceable as a remedy in ordinary civil suit; interest requires documentary support
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17 June 2022 |
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An application conceded as time-barred was dismissed and costs awarded to the respondents.
Limitation of actions — preliminary objection — concession to objection — time-barred applications — dismissal — costs awarded where respondents incurred costs defending application.
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17 June 2022 |
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Applicant granted extension to appeal; time runs from supply of tribunal copies and good cause was established.
Land law – extension of time to appeal – section 41(2) Land Disputes Courts Act – time runs from supply of judgment/decree, not pronouncement. Civil procedure – extension of time – good cause – Lyamuya criteria: account for delay, non-inordinate delay, diligence, and absence of prejudice. Legal aid – seeking counsel can constitute a reason for delay when acted upon diligently
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17 June 2022 |
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Appeal dismissed as time‑barred where appellant failed to prove exclusion of time awaiting certified copies.
Land appeals — limitation — appellate period under section 41(2) Land Disputes Courts Act — requirement to file within 45 days — exclusion for time awaiting certified copies requires proof — failure to prove collection or filing dates results in dismissal as time‑barred.
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17 June 2022 |
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Applicant's failure to plead or show an apparent illegality and to account for delay warranted dismissal of the extension application.
Land procedure — extension of time — applicant out of time must account for delay or show illegality apparent on the record. Service and notice — prior appearance at tribunal indicates awareness; mere denial of summons insufficient without proof
Illegality — must be pleaded in affidavit and be obvious on the face of the record to justify extension of time. Civil appeals — appellate court may decline to interfere where lower tribunal properly analyzed evidence and reached a defensible conclusion
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17 June 2022 |
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Applicant’s request to be impleaded in an abated land application was dismissed for lack of jurisdiction.
Civil Procedure — Death of a party — Order XXII Rule 3(1): legal representative may be impleaded where right to sue survives
Civil Procedure — Abatement/dismissal — Order XXII Rule 9(1)-(2): prohibition on fresh suit after abatement and requirement to apply to set aside abatement/dismissal on sufficient cause
Jurisdiction — Relief sought in an abated proceeding is incompetent; applicant must first set aside abatement
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17 June 2022 |
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Leave to appeal denied because the impugned interlocutory High Court order is not appealable to the Court of Appeal.
Land Disputes Courts Act s47(2) – leave to appeal to Court of Appeal; Interlocutory orders – definition and non-appealability; Appellate Jurisdiction Act s5(2)(d) – prohibition of appeals from interlocutory High Court decisions unless final; Allegations of illegality/contradiction in interlocutory rulings do not make them appealable; Applicant should await final determination before appealing.
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17 June 2022 |
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Appeal dismissed: tribunal properly evaluated evidence, contract had expired, and judgment met required findings and reasons.
Land law – tenancy – contract expiry and termination – whether termination constituted breach giving right to restoration or compensation
Evidence – documentary evidence must identify parties and be probative; receipts and utility bills lacking recipient identification are weak evidence. Civil procedure – judgment requirements – findings on issues and reasons for decision must appear but Chairperson’s style sufficed here
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17 June 2022 |
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Appeal dismissed: tribunal correctly assessed evidence, found contractual expiry and insufficient proof of breach or losses.
Land law – tenancy dispute – whether tenancy was breached or expired – computation of contract period and effect of termination
Evidence – evaluation of documentary evidence – probative value where documents do not identify claimant. Civil procedure – requirements of a judgment – points for determination, decision and reasons (Order XXXIX/Order XX of CPC and tribunal regulations). Burden of proof – claimant must prove alleged losses on balance of probabilities
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17 June 2022 |
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Land claim filed within limitation; res‑subjudice and abuse objections dismissed; counterclaim struck out for non‑joinder of necessary parties.
Land law — limitation — cause of action accrues when plaintiff becomes aware of the wrong; Res sub judice — requires same parties, subject matter and reliefs; Counterclaim — non-joinder of executors, Registrar of Titles and Attorney General renders counterclaim unmaintainable; Government Proceedings Act notice does not bar joinder in a counterclaim.
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16 June 2022 |
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Sickness and technical delay amount to sufficient "good cause" to extend time to restore a dismissed land suit.
Civil procedure – Extension of time – discretionary relief requiring "good cause"; sickness and technical delay as grounds. Restoration of dismissed suit – setting aside dismissal for want of prosecution – evidence of incapacity due to illness
Sickness – personal incapacity as a reasonable and excusable cause for delay
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16 June 2022 |
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Court granted extension of time to appeal due to a defective decree and technical delay, despite wrong statutory citation.
Civil procedure – Extension of time to appeal – application under wrong provision – wrong citation not fatal where court has jurisdiction and correct law can be inserted
Evidence – Joint counter affidavit – typographical slip does not invalidate affidavit if signed and verified by parties
Appeals – Defective decree (inconsistent dates) may cause technical delay excusing late filing. Extension of time – Application considered under Lyamuya guidelines (explanation, diligence, illegality)
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16 June 2022 |
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Court adopted parties' settlement as consent judgment ordering defendant to pay damages, deliver tax clearance, and not interfere with property.
Consent judgment – Adoption of deed of settlement under Order XXIII Rule 3; Property/land dispute – declaration of ownership and non-interference; Specific performance – delivery of Tax Clearance Certificate and public correction of lost title; Damages – compensation for loss of business and contractual breach; Costs – each party bears own costs.
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16 June 2022 |
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A preliminary objection succeeded and a non‑necessary municipal defendant was struck out of the suit.
Civil procedure – preliminary objection – must be determined before merits; Joinder of parties – Order VII Rule 1(e) CPC and Order I Rule 3 – proper/necessary parties; Local government law – Section 30(3) Written Laws (Misc
Amendments) Act No.1/2020 – District Executive Director and Attorney General as necessary parties in suits involving Village Councils; Non‑party municipal council struck out for lack of cause of action
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16 June 2022 |
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Temporary injunction to prevent eviction denied for lack of irreparable harm and unfavorable balance of convenience.
Civil procedure – Temporary injunction – application of Atilio v. Mbowe three-part test (serious question; irreparable injury; balance of convenience). Lease disputes – alleged rent arrears versus claimant’s investment in renovations – characterization of loss as monetary and compensable. Interim relief – refusal where claimed harm is compensable by damages and balance favors landlord
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16 June 2022 |
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A pending Ward Tribunal retrial order must be complied with before the applicant may litigate the same land in court.
Civil procedure – competence of suit – mandatory compliance with pending retrial order made by District Tribunal directing retrial before Ward Tribunal. Tribunal procedure – effect of Written Laws (Misc. Amend.) on Ward Tribunal jurisdiction – pending orders must be complied with despite statutory relinquishment of adjudicatory jurisdiction. Evidence/Judicial notice – court may take judicial notice of prior tribunal/district decisions concerning same parties and subject matter even if not pleaded in amended defence. Procedural law – court not functus officio where new point of law arises after withdrawal of preliminary objections
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15 June 2022 |
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Preliminary objections on limitation and section 101 LRA dismissed; suit allowed to proceed to merits.
Land law — Limitation of actions — recovery of land (12-year period) — cause of action arises when plaintiff becomes aware of defendant's occupation; Land Registration Act s.101 — duty of Registrar to give written reasons does not preclude aggrieved persons from instituting court proceedings.
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15 June 2022 |