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Citation
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Judgment date
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| September 2022 |
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Leave to appeal granted where prima facie serious legal issues, including adverse possession and jurisdictional questions, arise.
Leave to appeal — standard for grant: issues of general importance, novel points of law, or prima facie arguable appeal; Doctrine of Adverse Possession and tribunal jurisdiction over registered land; limitation law and deceased estates; evaluation of evidence and assessors' role; parties bound by pleadings; procedural irregularity in reassignment of file.
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30 September 2022 |
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High Court lacked jurisdiction to grant injunction pending revision where the Court of Appeal was already seized of the same matter.
Civil procedure — Jurisdiction — Effect of pending appeal or application at the Court of Appeal — High Court divested of jurisdiction over same subject matter; Temporary injunction — interlocutory relief pending revision — improper where Court of Appeal is seized.
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30 September 2022 |
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Application to set aside taxation ruling dismissed as time-barred and for non-compliance with court orders.
Advocates Remuneration Order — time limit for review applications (21 days); Non-compliance with court orders — failure to file written submissions; Withdrawal at hearing — not permitted where court orders ignored; Failure to file submissions equates to failure to argue one's case; Court duty to enforce orders and preserve administration of justice.
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30 September 2022 |
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Court granted interim injunction to restrain sale/auction of disputed land pending trial due to triable issue and irreparable harm.
Land law – temporary injunction – requirements: triable issue, irreparable injury, balance of convenience. Power of Attorney – alleged fraud/misrepresentation in procuring and enhancing mortgage. Mortgage enforcement – risk of auction of immovable property causes irreparable injury. Interim relief – injunction granted pending determination of main suit.
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30 September 2022 |
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Reference upheld in part: extension validated but several cost items reduced for lack of proof, award substituted.
Costs — Taxation of bill of costs — Extension of time to file bill — Requirement to prove costs claimed (Evidence Act s.110) — Instruction fees and drafting/attendance allowances must be supported by evidence — Taxing Officer’s award reduced where amounts unproven.
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30 September 2022 |
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Leave to issue a third‑party notice denied where applicant’s contractual indemnity claim differs from main suit for ownership and possession.
Civil Procedure – Order 1 Rule 14 CPC – Third‑party notice – Leave to join third party for contribution/indemnity – Requirement that defendant’s claim share same subject matter and cause of action as main suit – Purpose to avoid multiplicity of suits.
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30 September 2022 |
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Plaintiff’s surveyed title and letter of offer proved ownership; defendants declared trespassers and ordered to vacate.
Land law – proof of ownership – survey plan and letter of offer/right of occupancy as strong evidence; Probate/letters of administration – limited unsurveyed grant insufficient to establish competing title; Burden of proof and weight of evidence in civil land disputes; Locus in quo inspection; Trespass and eviction; Claims for mesne profits and damages must be specifically proven.
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30 September 2022 |
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Preliminary objections on jurisdiction, bona fide purchaser protection, and limitation involved factual disputes and were overruled.
Civil procedure – preliminary objections – must be pure points of law; evidential/factual disputes inappropriate for preliminary disposal. Jurisdiction – pecuniary jurisdiction depends on evidence of current market value; plaint’s stated value insufficiently contested without proof. Land law – Land Registration Act s.51(1) – protection of bona fide purchaser requires factual proof and compliance with notice/challenge procedure. Limitation – 30‑day challenge period following Notice of Transfer requires proof of service and timing.
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30 September 2022 |
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Appeal dismissed as time-barred; appellant failed to show written request for judgment to exclude delay.
Limitation — Appeal from DLHT — computation of time under section 38 LDCA — exclusion of period obtaining copies under section 19(2) LLA — written request required to invoke exclusion — filing on 16/02/2022 held time-barred — section 14 LLA application for leave to file out of time.
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30 September 2022 |
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Whether a DLHT may proceed with one assessor after absence and whether ownership was proven.
Land Disputes Courts Act s.23 – mandatory composition with two assessors; s.23(3) permits continuation with one assessor if one becomes absent; burden of proof on party alleging ownership; admissibility/value of sale agreement and village council minutes as proof of lawful sale; appellate authority permitting trial continuation with remaining assessor.
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30 September 2022 |
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Pendency of a notice of appeal does not automatically stay execution; arrest requires evidential proof of exhausting other modes.
Execution — Effect of notice of appeal — Filing notice of appeal does not automatically stay execution; stay should be sought from Court of Appeal; Order XXI Rule 39(2) — Arrest and detention as last resort — Requirement to prove exhaustion of other modes of execution and satisfy statutory factors; Evidence — Need for affidavit or proof when alleging attempts to execute decree.
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30 September 2022 |
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A respondent lacked locus standi in a land suit absent proof of ownership or a registerable matrimonial interest.
Land law – locus standi in land suits; requirement to prove ownership or registerable interest; distinction between land disputes and matrimonial claims; misapplication of Law of Marriage Act by tribunals; appellate review – quashing decisions for lack of locus standi.
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30 September 2022 |
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Respondent lacked locus standi as family representative; failure to plead or attach authority rendered proceedings incompetent.
Land law – representative suit – locus standi – requirement to plead and attach instrument of authority – failure to plead/attach is fatal and renders proceedings incompetent – orders of lower tribunals quashed.
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30 September 2022 |
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Court ordered committal of absent judgment debtor unless TZS 70,000,000 paid within 14 days.
Civil procedure – execution of decree by arrest and detention; Order XXI (rules on committal and subsistence); service by publication and ex parte hearing; debtor’s insolvency option and statutory safeguards; committal not first resort but permissible when execution impeded.
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30 September 2022 |
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Revision inappropriate where appeal available; execution objections limited to execution subject matter.
Land procedure – Revision v appeal – Section 43(1)(b) LDC Act – Execution proceedings under Regulation 23 GN.174/2003 – Objections limited to execution subject matter – Settlement finality – Prohibition on re-litigating substantive issues in execution.
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30 September 2022 |
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Applicant failed to show good cause for extension of time to file a review; application dismissed.
Limitation law – extension of time – requirement to show "good cause" to extend statutory time to file review application; applicant must account for each day of delay. Medical evidence – illness as cause of delay – illness must be shown to have contributed to delay and be temporally relevant. Pleading – general assertions (old age, surrounding circumstances) must be particularized and proved. Delay – inordinate delay (about 81 days) without adequate explanation warrants refusal of extension.
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30 September 2022 |
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Extension of time granted where administratrix accounted for delay in obtaining letters of administration and documents to file setting-aside application.
Civil procedure – extension of time under section 95 CPC – requirement to account for each day of delay – letters of administration and delay – exhaustion of remedies where tribunal application dismissed and appeal to High Court allowed – propriety of High Court to consider extension after appeal.
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30 September 2022 |
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Pendency of a revision at the Court of Appeal divests the High Court of jurisdiction to entertain related contempt proceedings.
Civil procedure – Contempt of court – Application for committal for disobedience of interim injunction – Effect of pendency of revision at the Court of Appeal on High Court’s jurisdiction; Jurisdiction – Lower courts’ competence suspended where appellate proceedings (appeal or revision) are pending in the Court of Appeal; Preliminary objection – DPP permission for prosecuting under Penal Code raised but not decided.
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30 September 2022 |
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Leave to appeal refused where High Court properly evaluated evidence and no prima facie legal issue merited appeal.
Leave to Appeal – requirements for leave (legal point, prima facie merit, novelty, public importance, misdirection) – Land dispute – ownership standard (balance of probabilities) – evaluation of tribunal record and locus in quo inspection – hazardous land status along river not established as determinative.
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30 September 2022 |
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Plaintiff failed to prove title; trespass claim collapsed and suit was dismissed without costs.
Land law — ownership — burden of proof — plaintiff must prove title on balance of probabilities; defective/documentary evidence defeats claim. Tort — trespass — need to establish ownership or right of possession before trespass remedy. Civil procedure — ex parte hearing where defendants absented after service.
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30 September 2022 |
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An applicant must prove dates and account for every day of delay to obtain extension of time; wrong statutory citation alone is not fatal.
Land law – extension of time to appeal – application under wrong statutory provision – effect of overriding objective permitting hearing where court has jurisdiction. Limitation law – s.19(2) Law of Limitation Act – exclusion for time to obtain copy of judgment requires proof of dates of request and supply. Civil procedure – applicant must account for every day of delay; failure to account renders extension of time unjustified. Relevant authorities: Lyamuya test; requirement to prove dates (Alex Sonkoro); wrong citation (Almas Iddie Mwinyi).
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30 September 2022 |
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The applicant cannot use revision to challenge an execution order; objections must be raised in execution proceedings or on appeal.
Land law — Revisional jurisdiction v appellate remedy — section 43(1)(b) Land Disputes Courts Act — revision not substitute for appeal. Execution proceedings — Regulation 23, District Land and Housing Tribunal Regulations — objections to execution must be raised before Tribunal. Civil procedure — competence of revision — exhaustion of alternative remedies. Right to be heard — allegation of denial must be substantiated on record. Description of property — merits to be decided at trial or on appeal, not in revision arising from execution.
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30 September 2022 |
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Execution-related objections must be raised before the executing court; premature applications are incompetent and struck out.
Civil Procedure – Execution – Section 38(1) CPC – questions relating to execution must be determined by executing court. Procedural law – premature/interlocutory applications – incompetence where executing court proceedings pending. Execution – jurisdiction of Deputy Registrar – execution modalities and objections to be raised in execution proceedings. Remedy – alleged defects in appellate judgment to be pursued by review in the Court of Appeal.
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30 September 2022 |
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Appellate court quashed tribunal judgment and remitted the matter for locus in quo to resolve measurement ambiguity.
Land law – boundary/measurement disputes – conflict between written sale agreement (metres) and oral testimony (footsteps) – necessity of locus in quo visit where evidence is ambiguous. Civil procedure – revisional jurisdiction – section 43(1)(b) Land Dispute Courts Act – quashing and remittal for further fact-finding. Evidence – assessment of credibility and duty to verify physical facts when witnesses’ accounts diverge.
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29 September 2022 |
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Omission of the trial Chairperson’s signature on recorded evidence is an incurable irregularity warranting nullification and retrial.
Civil procedure — Recording of evidence — Order XVIII Rule 5, Civil Procedure Code — Judge/Magistrate must sign recorded evidence — Failure to append signature is incurable irregularity — Authenticity of record — Proceedings and judgment nullified — Retrial ordered before different Chair and assessors.
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29 September 2022 |
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The application for leave to appeal was dismissed as time‑barred for failure to comply with the 30‑day rule 45(a) limit.
Civil procedure – Appeal – Leave to appeal to Court of Appeal – Time limit under rule 45(a) Court of Appeal Rules 2019 – Application filed after 30 days – application time‑barred and dismissed with costs.
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29 September 2022 |
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Appellant failed to prove fraud or superior title; purchaser protected as bona fide under section 135 of the Land Act.
Land law – proof of ownership – residential licence as evidence of title; burden of proof under section 110 Evidence Act. Alleged fraud – necessity to prove fraudulent registration or transfer. Mortgage and sale – validity of sale after default. Bona fide purchaser – protection under section 135 Land Act. Public auction requirements – compliance with section 134(2) (allegation not established).
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29 September 2022 |
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Appellant failed to prove fraud; registered owner's title and bona fide purchaser protection upheld, appeal dismissed.
Land law – ownership – evidence of title by residential license; Burden of proof – section 110 Evidence Act; Mortgagee sale – compliance and public auction rules under section 134(2); Bona fide purchaser protection – section 135(1) Land Act; Locus to challenge mortgagee sale.
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29 September 2022 |
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Applicant failed to show good cause for extension; ignorance and non-apparent illegality insufficient.
Civil procedure – Extension of time – applicant must show good cause and account for each day of delay; ignorance of law or procedure is no excuse. Extension may be granted for apparent illegality on the face of the record, but not for issues requiring drawn-out argument. Alleged procedural irregularity in Ward Tribunal (secretary signing) must be apparent on record to justify extension.
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29 September 2022 |
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Plaintiff proved ownership; unauthorized allocation of 107 plots to defendant declared null and plots restored to plaintiff.
Land law – ownership and title; resurvey and subdivision into plots; out-of-court settlement and allocations without corporate authority; admissibility of secondary evidence; substituted service and ex parte proceedings; nullification of unauthorized plot allocations; restoration and costs.
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29 September 2022 |
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Unclear and inconsistent assessor participation in a land tribunal nullified proceedings and required retrial.
Land Disputes — Assessors' participation — inconsistent attendance and unclear involvement — failure to record assessors' presence/opinion — renders Tribunal proceedings a nullity; reassignment without reasons may not invariably prejudge the case — Sections 23(2)(3) Land Disputes Courts Act; retrial ordered.
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29 September 2022 |
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Tribunal misdirected by dismissing set-aside application without accounting for holiday and wrongly ordering execution.
Civil procedure – setting aside ex parte judgment – effect of public holiday on scheduled hearing and non-appearance. Procedural fairness – duty to consider notification and to exercise discretion to adjourn before dismissing for non-appearance. Execution – improper where judgment has been set aside; tribunal misdirection vitiates order.
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29 September 2022 |
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Extension of time granted where pleaded illegality in lower proceedings justified delay despite inadequate accounting for days.
Land appeal — extension of time — Lyamuya factors — accounting for each day of delay — illness as cause — illegality/irregularity as sufficient reason to extend time — s.11 AJA; s.14 Law of Limitation Act; s.47(3) LDA; Rule 45(a) Court of Appeal Rules.
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29 September 2022 |
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An application supported by an affidavit with an unsigned, place-less jurat and a defective summons is incurably defective and struck out.
Civil procedure – competence of an application – requirement to state the court in documents – non-compliance renders process defective. Evidence / affidavits – jurat requirements under s.8 Notaries Public and Commissioners for Oaths Act (Cap 12) – jurat must show place (and date) and, implicitly, the attesting officer’s signature; non-compliance is incurable. Amendment/withdrawal under s.95 Civil Procedure Code – cannot be used to circumvent valid preliminary objections to competence. Remedy – striking out an application supported by an incurably defective affidavit.
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29 September 2022 |
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Revision against an interlocutory order rejecting an exhibit is barred by Section 79(2) CPC; the application was dismissed.
Land law – evidence – rejection of documentary exhibit – interlocutory order – Section 79(2) Civil Procedure Code bars revision unless order finally determines rights.
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29 September 2022 |
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Omission to verify a reliefs paragraph is not fatal where identical reliefs appear in another verified paragraph of the plaint.
Civil procedure – Pleadings – Verification – Whether a paragraph stating reliefs must be reflected in the verification clause – omission not fatal where identical reliefs appear in a verified paragraph. Preliminary objection – incurably defective plaint – requirements and consequences.
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29 September 2022 |
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Wrong citation of law not fatal; Section 95 CPC sustains civil contempt proceedings and application proceeds on merits.
Civil contempt proceedings – availability of remedy under inherent jurisdiction (Section 95 CPC) – applicability where no specific statutory provision exists. Civil procedure – effect of wrong citation/non‑citation of enabling provisions – overriding objective and cure of technical defects. Preliminary objection – competence and prejudice as determinative factors for striking out applications.
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28 September 2022 |
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A defendant’s status as estate administrator does not invalidate a suit against him personally absent plaintiff’s prior knowledge; amendment is appropriate.
Land law – capacity of parties – suit filed against person in personal capacity though administrator of estate; Civil Procedure – Order 1 Rules 9 and 10 – amendment and joinder where capacity misstated or omitted; Pleadings – effect of defendant’s knowledge and timing of raising capacity issue.
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28 September 2022 |
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An execution applicant must first exhaust asset-based remedies before seeking civil imprisonment; omnibus applications are premature.
Civil Procedure – Execution of decree – Order XXI Rules 9 and 10(2) – Competence of omnibus execution applications. Execution remedies – Section 42 CPC – delivery, attachment and sale as primary remedies before civil imprisonment. Civil imprisonment – last resort only after exhaustion of asset-based execution measures; requirement to identify attachable assets/bank accounts.
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28 September 2022 |
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Whether the Tribunal had territorial jurisdiction and whether its factual findings established the respondent's lawful ownership.
Land law — territorial jurisdiction of District Land and Housing Tribunal — parties bound by their pleadings; jurisdictional challenge raised late is not favoured. Civil procedure — res judicata — requires same parties, same subject matter and final decision; not applicable where parties or location differ. Evidence — appellate court will not lightly disturb Tribunal's credibility findings and factual analysis where records show proper evaluation. Proof of land allocation — documentary and witness evidence can establish title; defective allocations/documentation may be rejected.
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28 September 2022 |
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Court granted extension to file memorandum of appeal due to delay in obtaining copies of the tribunal judgment.
Land law – extension of time to file appeal – section 41(1) & (2) Land Disputes Courts Act – sufficient cause – delay in obtaining judgment copies – exercise of judicial discretion (Mbogo principle).
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28 September 2022 |
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Failure of the applicant to state when the cause of action arose renders the plaint fatally defective, struck out.
Civil procedure – plaint particulars – Order VII r.1(e) CPC – requirement to state when cause of action arose; Limitation Act s.26(a) – discovery of fraud tolls limitation; res judicata – need for same parties and pleaded prior judgments/records to establish bar; non‑compliance with mandatory plaint requirements vitiates proceedings.
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27 September 2022 |
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Applicant failed to show sufficient cause for extension; medical evidence unreliable and delay inordinate.
Land law — extension of time — application for certificate on a point of law — requirements under Lyamuya: account for delay, absence of inordinate delay, diligence, other sufficient reasons — medical evidence credibility — ignorance of law not a ground.
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27 September 2022 |
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Appellant failed to prove land ownership on the balance of probabilities; tribunal’s factual findings upheld.
Land law – evidentiary burden in civil trespass claims; balance of probabilities standard; assessment of witness credibility; need for corroborative or documentary proof of ownership; appellate review of tribunal’s factual findings.
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27 September 2022 |
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Appellant failed to prove ownership on the balance of probabilities; appeal dismissed, tribunal's findings upheld.
Land law – proof of ownership – need for documentary or convincing corroborative evidence to establish ownership on the balance of probabilities. Evidence – burden and standard of proof in civil cases – Sections 101–103 Evidence Act; balance of probabilities. Credibility – assessment of witness consistency and corroboration. Procedure – failure to call local leaders not shown to have caused miscarriage of justice.
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27 September 2022 |
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Failure to read assessors' opinions in open court before judgment vitiates the tribunal's decision and mandates a fresh judgment.
Land Disputes Courts Act s.23(2) and Regulations — Assessors' opinions — Mandatory requirement that assessors' opinions be on record and read to parties before judgment — Failure to read assessors' opinions vitiates proceedings and warrants quashing and remittal for fresh judgment.
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27 September 2022 |
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Applicant failed to prove sufficient cause or diligence; extension of time to file appeal dismissed with costs.
Land law – Extension of time to appeal – discretionary relief requiring sufficient cause and accounting for each day of delay; diligence in obtaining tribunal judgment; credibility of illness evidence and late production of medical certificate.
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27 September 2022 |
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Applicant showed a prima facie case but failed to prove irreparable loss or favourable balance of convenience; injunction refused.
Land — Interim injunction — Requirements: prima facie case, irreparable loss, balance of convenience — Prima facie case established; irreparable loss not proved; balance favours respondent — Application dismissed.
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27 September 2022 |
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Affidavit omitting deponents' religious status is fatally defective; injunction application struck out with costs.
Civil procedure – injunction application – supporting affidavit – requirement to state deponents' religious status under GN No.125/1967 and GN No.132/1967. Evidence – affidavit as substitute for oral evidence – must be self-explanatory and free of assumptions. Procedural law – technical defects in affidavits may be substantive and fatal; overriding objective cannot cure substantive insufficiencies.
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27 September 2022 |
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A joint affidavit omitting deponents' religious status under Oaths Rules is defective and warranted striking out of the application.
Oaths and Affirmations – affidavit requirements – deponents must state religious status as per GN No. 125/1967 and GN No. 132/1967; affidavit as substitute for oral evidence; procedural defects cannot be cured by assumption or by invocation of overriding objective where statutory/formal requirements are unmet.
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27 September 2022 |