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Citation
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Judgment date
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| June 2022 |
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Tribunal failed to weigh competing evidence in land dispute; retrial ordered to determine ownership and alleged encroachment.
Land law – ownership and boundary dispute – burden of proof and balance of probabilities; weighing of competing evidence; duty of tribunal to visit locus in quo and consider surveyor/beacon evidence; exercise of revisionary power to order retrial.
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14 June 2022 |
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Sale to the applicant void; prior informal mortgages valid and auction without statutory notice unlawful.
Land law – informal (equitable) mortgages on unregistered land; priority of informal mortgages under section 117(2) Land Act; sale by mortgagor without discharging prior mortgage – void ab initio; auction under power of sale – mandatory compliance with Auctioneers Act (14‑day notice/advertisement); purchaser at null auction cannot obtain good title.
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14 June 2022 |
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Court granted extension to file an appeal due to excusable technical delay in obtaining certified tribunal copies.
Civil procedure — Extension of time under s.41(2) Land Disputes Courts Act — good cause required — technical delay — delay in supply of certified copies of judgment — discretion to be exercised judicially.
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14 June 2022 |
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A prior ward tribunal judgment on land ownership bars a later district application under res judicata despite added parties.
Civil procedure – Res judicata – Section 9 CPC – requirements: same subject matter, same parties or privies, same title, competent court, final decision – application of Peniel Lotia test; Land law – declaration of ownership – prior Ward Tribunal judgment precludes subsequent District application; Functus officio – tribunal barred from re‑adjudicating matter already finally decided; Addition of parties/witnesses does not avoid res judicata.
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14 June 2022 |
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Failure to issue the 90‑day notice and to join the Attorney General renders proceedings against a public institution incompetent.
Civil procedure – Government Proceedings Act – 90‑day notice prior to suing public institutions – mandatory requirement. Civil procedure – non‑joinder – Attorney General must be joined as necessary party in suits against government/public companies
Urgency – certificate of urgency does not exempt compliance with statutory notice and joinder requirements
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14 June 2022 |
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Alleged illegality in a tribunal decision (res judicata against a non‑party) can justify extension of time to file revision.
Extension of time – section 14 Law of Limitation Act – requirement to show good cause; due diligence.* Illegality as ground for extension – alleged error of res judicata where applicant was not party – illegality can constitute sufficient cause to extend time.* Authorities – Principal Secretary v Valambhia; Lyamuya Construction; related Tanzanian jurisprudence on extension for alleged illegality.
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14 June 2022 |
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Court granted extension to file notice of appeal due to applicant’s lay status, reasonable efforts, and absence of respondent prejudice.
Civil procedure – Extension/enlargement of time to file Notice of Appeal – Section 11(1) Appellate Jurisdiction Act; Section 14 Law of Limitation Act – excuse of delay due to lay status and seeking legal aid – Rule 83(1) Court of Appeal Rules, 2009. Consideration of prejudice to respondent and interests of justice when granting extension
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13 June 2022 |
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Alleged illegality in trial representation justified extension of time to file an appeal within 30 days.
Extension of time – Land Disputes Courts Act s.38(1) – judicial discretion and good cause – illegality apparent on record – unauthorised representation at trial – service by publication – ex parte determination.
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13 June 2022 |
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An apparent jurisdictional illegality (unauthorized representation) justifies extending time to file an appeal.
Civil procedure – extension of time – section 38(1) Land Disputes Courts Act; illegality as sufficient cause to extend time; jurisdictional defect
Evidence/representation – purported representation/testimony by respondent's relative without power of attorney may vitiate tribunal's proceedings. Service by publication – non-appearance permits ex parte determination
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13 June 2022 |
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Court granted review and vacated dismissal due to an apparent clerical error in the summons altering the hearing date.
Civil Procedure — Review — Order XLII Rule 1(1) CPC — Error apparent on the face of the record — Clerical error in summons (wrong hearing date) — Summons as part of court record — Functus officio exception — Restoration of dismissed proceeding.
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13 June 2022 |
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High Court lacked pecuniary jurisdiction because the plaint pleaded the property's value at TZS 300,000,000, not exceeding the statutory threshold.
Land law – Pecuniary jurisdiction – Land Disputes Courts Act s.37(1) – High Court jurisdiction requires value of immovable property to exceed TZS 300,000,000. Civil procedure – Preliminary objection – requirement to plead value of subject matter (Order VII r.1(f),(i) CPC) – failure or pleading equal to threshold defeats jurisdiction. Mortgage and sale – exercise of power of sale under Land Act – forum questions reserved where pecuniary jurisdiction lacking
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13 June 2022 |
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An applicant for a temporary injunction must plead all Atilio conditions in the supporting affidavit; submissions cannot substitute for evidence.
Civil procedure – Temporary injunctions – Order XXXVII Rule 1(a) & s.68 CPC – Atilio v Mbowe three-conditions must be cumulatively proved
Evidence – Affidavit requirement – All material facts must be pleaded in affidavit; submissions are not evidence
Pleadings – Relief sought against non-existent party is defective
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13 June 2022 |
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Applicant’s unsupported, belated medical and financial claims failed to justify setting aside dismissal for non-appearance.
Land procedure – setting aside dismissal for non-appearance – Order IX Rule 6(1) CPC – sufficiency of grounds – requirement to notify court of inability to appear – adequacy of medical proof and documentary evidence; afterthought and timing of annexures; discretion to restore proceedings.
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13 June 2022 |
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Court granted a six‑month injunction restraining respondents from interfering with disputed land pending trial.
Land law – interlocutory/declaratory injunction – Order XXXVII Rule 1(a) CPC – Atilio v Mbowe conditions (triable issue, irreparable harm, balance of convenience) – deed of surrender/right of occupancy – memorandum of understanding allocating 250 acres – six‑month interim restraint.
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13 June 2022 |
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Res judicata inapplicable where prior judgment concerned different land; pleadings' verification and endorsement defects are curable by amendment.
Civil procedure — res judicata (s.9 Civil Procedure Code) — five-condition test — identity of subject matter and parties required. Distinction between prior Ward Tribunal ruling (graveyard/separate parcel) and current claim for trespass and demolition. Procedural defects (Order VI r.15(3) verification; s.44 Advocates Act endorsement) are curable by amendment; striking out is not warranted. Overriding objective supports amendment to cure non-fatal pleading defects
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10 June 2022 |
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Failure to frame issues on ownership rendered tribunal's decision unsafe; proceedings quashed and remitted for rehearing.
Civil procedure – Failure to frame and record issues (Order XIV Rule 1(5) CPC) – omission amounts to failure of justice – Quashing and remittal of tribunal proceedings; Land law – ownership v. matrimonial property disputes – tribunal must determine pleaded ownership issues before treating property as matrimonial.
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10 June 2022 |
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10 June 2022 |
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Administrator’s appointment vests exclusive power to dispose of deceased’s land; sale by heirs unproven and void, mesne profits awarded.
Land law — disposition of deceased’s property — administrators’ exclusive authority to dispose of immovable estate assets; sale purportedly by heirs without administrator void ab initio — requirement of authenticated written agreements and proof of execution; joint venture (construction and lease) expired 2017 — unlawful occupation and entitlement to mesne profits.
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10 June 2022 |
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Interim Mareva injunction struck out for failure to join the Attorney General as a necessary party.
Government Proceedings Act – requirement to serve 90‑day notice and to bring proceedings against the Attorney General – scope of "suit" to include applications for interlocutory relief (Mareva injunction). Non‑joinder of Attorney General in proceedings against government entities is a fatal irregularity
Procedure – preliminary objections – competency of applications involving government parties
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10 June 2022 |
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Temporary injunction refused where a prima facie dispute existed but applicants alleged prior eviction, so irreparable injury was not established.
Civil procedure — interlocutory injunction — conditions for grant (prima facie case, irreparable injury, balance of convenience) Land law — contested possession vs registered title — surveyed land versus unsurveyed occupancy Preventive injunctions cannot be used to restore possession where applicants allege prior eviction
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10 June 2022 |
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Review dismissed where applicant failed to demonstrate an apparent, self-evident error on the face of the record.
Civil procedure – Review under Order XLII Rule 1 – requirement of error apparent on the face of the record or new evidence not obtainable with due diligence. Distinction between review and appeal – review not available to reargue or revisit substantive discretionary decisions (e.g., extension of time). Extension of time – grounds such as illness or search for legal aid do not automatically constitute manifest error for review purposes
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9 June 2022 |
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Applicant granted interlocutory injunction to prevent alienation of disputed land pending the main suit.
Civil procedure – interlocutory injunction – Atilio v Mbowe test – triable issue, irreparable harm and balance of convenience – disputed land under mortgage – protection of subject matter pending suit.
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9 June 2022 |
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Illness supported by medical evidence can justify extension of time to file a revision application; tribunal must consider affidavits.
Land law – extension of time to institute proceedings; illness as good cause; requirement for tribunals to consider supporting affidavit and medical evidence; exercise of revision jurisdiction to correct failure to assess material evidence.
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9 June 2022 |
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A non-party’s revision was dismissed: available appellate or execution-objection remedies must be pursued before revision.
Civil procedure – Revision by non-parties – Interested person may seek revision but must not bypass available appellate or execution-objection remedies. Execution proceedings – Objection to execution and challenges to vacant possession should be raised in the executing tribunal. Procedural irregularity – Failure to explain right of appeal to a non-party is irregular but does not extinguish the right to appeal
Applicability of CPC – Order XX Rule 9 CPC not applicable to matters originating from Primary/Ward Tribunals in same manner as District/Resident Magistrates’ Courts
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9 June 2022 |
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A premature objection to disqualify counsel as a prospective witness was overruled pending proof and admissibility of the alleged document.
Advocates Act (Reg. 69) – conflict of interest and duty not to act where counsel likely to give evidence – disqualification of counsel – premature objection where contested document is not pleaded or proven – distinguishing precedent on-face-of-record requirements.
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9 June 2022 |
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Applicant failed to prove title; respondents established lawful ownership and the suit was dismissed.
Land law – ownership dispute – burden of proof on purchaser seeking specific performance of sale agreement; conditions precedent (payment/permit) must be proved; admissibility of stamped certified copy under Stamp Duty Act; locus in quo inspection corroborating possession evidence.
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9 June 2022 |
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Extension application struck out for failure to join a necessary party and incurable defects in chamber summons/affidavit.
Land — Extension of time to apply for review — Preliminary objections — Mixed questions of law and fact not suitable as pure preliminary points — Superfluous/overtaken-by-event objections require evidence — Non-joinder of a necessary party fatal where application by chamber summons and affidavit cannot be amended — Defective affidavit objection must be particularised.
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8 June 2022 |
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Applicants sought review of an interlocutory ruling, but court held issues were appeal matters and dismissed the review.
Civil procedure – Review jurisdiction – Order XLII and s.78 CPC – error apparent on the face of the record – limits of review versus appeal. Interlocutory orders – whether relief granted exceeded prayers – proper remedy is appeal, not review when merits are challenged. Locus to seek review – dissatisfied parties may apply, but must meet stringent review threshold
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8 June 2022 |
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Objection proceedings by parties to the original suit are incompetent; court cannot extend time once settlement deed is adopted as a decree.
Land execution – Objection proceedings – Order XXI Rules 57–59 CPC – three cumulative conditions for maintainability – objector must be stranger to original suit. Civil procedure – submissions – annexures attached to written submissions are inadmissible and must be expunged. Civil procedure – functus officio – court cannot extend time after settlement deed adopted as decree. Land law – settlement deed terms permitting attachment and sale enforceable in execution proceedings
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8 June 2022 |
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Application to challenge attachment and revoke mortgage struck out for being time-barred and improperly omnibus.
Civil Procedure — Order XXI, Rule 57 — Objection proceedings to attachment — Law of Limitation Act (Part III, Item 21) 60-day limit — struck-out application treated as non-existent for limitation purposes — omnibus prayers; revocation of mortgage is substantive and cannot be joined with objection to attachment.
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8 June 2022 |
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Court certified three points of law (limitation, abandonment of ground, pecuniary jurisdiction) for the Court of Appeal.
Land appeals — leave and certificate under s.47 Land Disputes Courts Act; limitation/time-bar issues; abandonment of grounds of appeal; Ward Tribunal pecuniary jurisdiction for large land claims.
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8 June 2022 |
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Time for filing a bill of costs runs from when certified judgment/decree is obtainable, not from pronouncement.
Advocates Remuneration Order GN.264/2015 (Order 4) – Bill of Costs – Time limit for filing – computation of days – date when certified judgment/decree ready for collection – automatic exclusion of period awaiting certified copies – restoration of bill after wrongful dismissal by Taxing Officer.
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8 June 2022 |
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Where probate proceedings are pending, the Land Court lacked jurisdiction to decide estate administration disputes; suit struck out.
Land law / Civil procedure – Jurisdiction of High Court (Land Division) versus probate court – where probate proceedings are pending, probate court is the proper forum to determine disputes over administration and ownership of a deceased's estate. Probate and administration – Competing claims to estate – need to trace title through letters of administration/probate before substantive court relief
Prematurity – suits challenging administrator’s actions may be premature if probate inventory/accounts not finalized
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7 June 2022 |
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Extension of time to appeal granted due to apparent illegality on record and the applicant's illness.
Land law – Extension of time – section 38(1) Land Disputes Courts Act – discretionary relief and good cause; Illness as ground for delay – affidavit and medical evidence; Illegality – locus standi and pecuniary jurisdiction – illegality apparent on the record as sufficient cause to extend time (Devram Valambhia; Lyamuya).
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7 June 2022 |
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Review allowed only to correct a clerical error; substantive disagreements over evidence are not reviewable.
Civil procedure – Review – Error apparent on face of record – Review limited to self-evident or clerical errors; substantive misanalysis of evidence is not remedyable by review. Burden of proof – Alleged shifting of burden – complaints about evaluation of evidence are matters for appeal, not review
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7 June 2022 |
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Appellate court held village allocation and payment outweighed respondents' adverse possession claim; appellant declared owner of disputed land.
Land law – village land allocation – proof of ownership by allocation and payment; relevance of village allocation chairman's evidence and payment receipt. Adverse possession – requirements and inapplicability where lawful allocation and verification exist and no revocation followed
Evidence – appellate re-evaluation of factual findings; materiality of contradictions; duty to consider documentary evidence (exhibit P1)
Procedural – misdirection by trial tribunal in evaluating and admitting evidence
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7 June 2022 |
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Unverified herbalist evidence and failure to account for delay insufficient to obtain extension to restore dismissed appeal.
Extension of time — requirement to account for each day of delay; Sickness as cause — need for credible medical evidence; Affidavit from unverified herbalist may attract adverse inference; No illegality in dismissal where party has pattern of non-appearance.
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6 June 2022 |
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Court set aside trespass finding against a stranger-appellant but upheld registered proprietor’s title and trespass finding against the 2nd appellant.
Land law – Ownership and trespass – Joinder of parties and propriety of declaring a person who disclaims interest a trespasser; Land Registration Act (s.2) – registered title is conclusive evidence of ownership; Evidence – burden of proof and admissibility of documentary evidence; Civil procedure – parties bound by pleadings but court may inspect evidence where multiple defendants assert different interests.
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6 June 2022 |
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Appellate tribunal’s decision upholding prior transfer was affirmed; purchaser bound by caveat emptor and appeal dismissed.
Land law – title transfers – sale by person without title void; caveat emptor applies to purchaser of land. Civil procedure – non-compliance with court-ordered timetable for written submissions amounts to failure to appear; appeal may proceed ex parte. Appeal procedure – appellate court limited to record; new grounds or factual issues not raised at trial are generally not entertained on appeal. Document competency – challenge to documents purportedly drawn by an unqualified or unidentified drawer must be supported and timely raised
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6 June 2022 |
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Court struck out caveat-removal application for lack of jurisdiction due to pending appellate stay on same property.
Land law – jurisdiction – effect of pending appeal and stay of execution on lower court’s jurisdiction; Caveat proceedings – relief to remove a caveat cannot be granted where same property and relief are subject to appeal and stay; Civil procedure – lis pendens and respect for appellate stay orders; Joinder of Attorney General – raised as preliminary objection where government department involved (not determined).
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6 June 2022 |
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An apparent illegality on the face of the record justified granting extension of time to file a revision.
Extension of time – discretion and Lyamuya criteria (account for delay; not inordinate; diligence; other sufficient reasons) – Limitation Act Item 21 (60 days for revision) – Alleged illegality on the face of the record as sufficient reason to extend time (VIP Engineering v Citibank authority) – Costs to follow event.
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6 June 2022 |
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Restoration of an appeal requires sufficient, corroborated reasons; "interest of justice" alone is insufficient.
Civil procedure – Restoration of appeal dismissed for non-appearance – Applicant must show sufficient reasons and evidence for failure to appear. "Interest of justice" cannot substitute for particulars or corroborating evidence. Afterthought assertions and oral explanations without affidavit or documentary proof are insufficient to justify setting aside dismissal
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6 June 2022 |
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Review dismissed: applicants failed to show an apparent error or other statutory ground to reopen a jurisdictional ruling.
Civil procedure — Review — statutory grounds under Order XLII Rule 1: new evidence, error apparent on face of record, or other sufficient reason — review not an appeal. Arbitration clause — jurisdiction — preliminary objection regarding court’s jurisdiction; failure to decide validity of clause. Patent error — meaning and threshold for review applications
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3 June 2022 |
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An advocate may not swear substantive client facts on information alone; defective affidavit led to striking out the application and costs.
Civil procedure – affidavits – Order XIX Rule 3(1) – interlocutory applications – statements of belief and grounds thereof. Advocate as deponent – limited to matters of personal knowledge acquired in representation; cannot swear substantive client facts
Verification – unverified paragraph to be expunged; pervasive verification defects may render affidavit and application incompetent
Hearsay – affidavit referring to another person's knowledge requires that person’s affidavit
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3 June 2022 |
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The applicant's vendor abandoned the land; continuous occupation gave the respondent superior title, so the appeal was dismissed.
Land law – abandonment under Village Land Act s45(1)(a); continuous occupation and possession as basis for superior title; contradictions as to locality name immaterial; nemo dat quod non habet (one without title cannot pass title); burden to prove ownership.
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3 June 2022 |
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Leave to appeal granted where intended grounds raise arguable points of illegality and novel points of law.
Land law — Leave to appeal under s.47(1) Land Disputes Courts Act — Leave granted where prima facie or arguable points of law, novel questions, or illegality arise; procedural requirement of point-of-law certification inapplicable where appeal originates from District Land and Housing Tribunal; merits to be determined by Court of Appeal.
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3 June 2022 |
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The appellant’s uninterrupted possession prevailed; the respondent’s delayed claim was time‑barred and failed, so appellant declared owner of 50 acres.
Land law – ownership dispute; limitation of actions – 12‑year period from date of death (Yusufu Same); burden of proof in possession‑based claims; self‑acquisition and uninterrupted possession; appellate re‑evaluation of evidence.
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3 June 2022 |
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Applicant's extension application struck out for lack of a proper supporting affidavit; defect not curable.
Procedure – Chamber Summons must be supported by a proper affidavit; omission of required deponent renders application incompetent; slip rule (s.96 CPC) and overriding objective cannot cure absence of mandatory affidavit.
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2 June 2022 |
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Court overruled procedural objections, finding plaint sufficiently verified, described, and within court's jurisdiction.
Civil procedure – preliminary objections: verification clause requirements; sufficiency of party description; description of immovable property; jurisdiction of Land Division based on plaint's stated value; misjoinder and proper defendant for trespass.
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2 June 2022 |
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Appellant failed to prove a lease with the trustees; no breach, eviction valid and appeal dismissed.
Land law – lease and tenancy – burden of proof of existence of lease – party constitution and authority to contract – delegation of powers – validity of eviction notice; Civil procedure – trial of framed issues – examination of evidential proof of contractual capacity.
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1 June 2022 |