|
Citation
|
Judgment date
|
| October 2023 |
|
|
Suit struck out as plaint failed to state when the cause of action arose, a mandatory requirement under Order VII r.1(e).
Civil Procedure — Order VII r.1(e) — plaint must state facts constituting cause of action and when it arose — mandatory requirement. Interpretation — use of 'shall' (s.53(2) Interpretation of Laws Act) makes compliance imperative. Limitation — inability to determine limitation defence where plaint omits accrual date. Joinder/parties — preliminary objections on improper parties not decided after dispositive procedural defect.
|
19 October 2023 |
|
Extension granted where tribunal failed to notify parties of judgment; applicant acted promptly and delay excused.
Civil procedure — Extension of time — Application under s.41(2) LDCA — court to exercise judicial discretion in accordance with Lyamuya guidelines; Failure to notify parties of judgment pronouncement — valid cause for delay; Requirement to account for delay and show diligence; Alleged illegality must be apparent to warrant extension as special reason.
|
18 October 2023 |
|
Preliminary objections based on limitation and court competence were overruled; factual issues require trial-record review.
Land law – revision of tribunal judgment – time limitation under Law of Limitation Act (12 years and 60 days). Civil procedure – preliminary objections – distinction between pure points of law and disputed facts (Mukisa Biscuits). Electronic filing – filing date and proof by electronic/statistical records and exchequer receipt.
|
18 October 2023 |
|
Court removes caveats where caveator’s supporting proceedings were dismissed and applicants hold unchallenged title.
Land law – removal of caveat – application under s.78(4) Land Registration Act – requisites for summoning caveator to show cause. Proof of title and execution – certificates of title, prior declaratory judgment and execution-completed possession as basis for relief. Caveat support – dismissed miscellaneous applications and unproduced/temporary injunctions do not sustain a caveat. Procedure – service by publication and caveator’s default; court may grant removal (including ex parte) where caveator fails to show cause.
|
18 October 2023 |
|
An appeal omitting parties from the original proceedings is incompetent and must be struck out; rectification lies with the trial tribunal.
Land appeal — parties — requirement to join all parties from original proceedings on appeal — omission renders appeal incompetent; errors in judgment must be rectified by the issuing tribunal; appellate court unwilling to permit amendment where omission creates a different matter; appeal struck out with costs.
|
18 October 2023 |
|
|
18 October 2023 |
|
Appellant failed to prove alleged encroachment; respondent had locus standi; appeal dismissed with costs.
Land law — boundary dispute between surveyed plots; burden of proof under s.110 Evidence Act; necessity of cadastral/land surveyor evidence; locus standi of defendant; discretionary nature of locus in quo visits.
|
17 October 2023 |
|
Appeal dismissed: appellant failed to prove ownership, contradicted his pleadings, and demolition was shown to be by TANROADS.
Land law – proof of title and adverse possession; pleadings versus evidence – material departure from pleaded case; demolition – role of third party (TANROADS) supported by documentary notice and witness evidence; evaluation of conflicting oral testimony and certificates of title.
|
17 October 2023 |
|
Tribunal’s failure to inspect the locus in quo amid conflicting evidence warranted quashing and remittal for a site visit and fresh judgment.
Land law – disputed boundaries and competing sale agreements; locus in quo inspection – discretionary but required in exceptional circumstances to resolve factual conflicts; assessors’ opinions – must be formed after proper site inspection; failure to inspect where necessary may vitiate tribunal’s decision and warrant quashing and remittal for fresh determination.
|
17 October 2023 |
|
Reference dismissed as time-barred; leave to withdraw and refile did not extend statutory limitation.
Civil procedure – limitation of actions – Advocates Remuneration Order G.N. 264/2015 r.7(2) – 21-day period to institute reference. Civil procedure – Order XXIII r.2 CPC – fresh suit after leave bound by existing limitation law. Procedural law – leave to withdraw and refile does not extend or waive statutory limitation absent express order. Law of Limitation – exclusion of time awaiting copies (s.19) raised but not determinative once time-bar found.
|
17 October 2023 |
|
Preliminary objections on representative‑suit compliance and minor affidavit errors dismissed; factual issues reserved for merits.
Civil procedure – Representative suit – Order 1 Rule 8(1) – requirements of common interest, consent and willingness to join.* Preliminary objection – point of law test (Mukisa) – factual disputes are inappropriate for preliminary objection.* Affidavit irregularity – verification of non-existing paragraphs – inconsequential defects may be expunged/overlooked (Phantom Modern Transport, Mantrac authorities).
|
17 October 2023 |
|
Applicant failed to show a triable issue or mortgage basis for a mareva injunction; application dismissed.
Interim relief – Mareva/temporary injunction – Applicant must establish serious triable issue, irreparable injury, and balance of convenience (Atilio v Mbowe). Land law – Distinction between mortgage and guarantee/suretyship – absence of mortgage instrument defeats reliance on mortgage notice provisions. Procedure – Notice requirements and prior reminders for loan default; knowledge of default vitiates urgency for interlocutory relief.
|
17 October 2023 |
|
Adverse possession finding upheld; appellate tribunal properly evaluated evidence, assessors' opinions recorded, appeal dismissed (no costs against appellant).
Land law — Ownership dispute — Adverse possession/deserted land — Evaluation of evidence on appeal — Role and recording of assessors' opinions — Discretion to award costs when prayed in submissions or by general prayer.
|
17 October 2023 |
|
Appellant failed to prove land ownership; tribunal's assessment of oral evidence and credibility was upheld.
Land law – ownership disputes – burden of proof under Section 110(1) Evidence Act – claimant must prove source of title. Evidence – oral evidence admissible where no documentary exhibits – tribunal’s credibility findings entitled to deference. Hearsay – tribunal did not rely solely on hearsay; evaluation of witnesses and inconsistencies justified findings. Capacity to contract – challenge to witness age/capacity did not vitiate DW3's corroborative testimony. Procedure – absence of written sale agreement or allocation document weakens claimant’s case.
|
17 October 2023 |
|
Appeal dismissed as time-barred where no written request showed entitlement to exclude time awaiting judgment copy.
Land law – appeals – limitation period under section 41(2) of the Land Disputes Courts Act; Law of Limitation Act s.19(2) – exclusion of time for obtaining judgment copy; exclusion not automatic – requires written request/application; remedy for appeal filed out of time is dismissal.
|
16 October 2023 |
|
Registered title and supporting documents established the plaintiff's ownership; the defendant's power of attorney was ineffective and he was declared a trespasser and restrained.
Land law – ownership: documentary title and transfer evidence; certificate of right of occupancy in process; special power of attorney ineffective where donor lacks title; trespass; permanent injunction; matrimonial/family property claim not established by mere marriage certificate or unproven financing.
|
13 October 2023 |
|
Appellant’s unpaid rent justified eviction; DLHT may admit secondary documentary evidence under its regulations.
Land law – landlord–tenant relationship – breach of lease for non‑payment of rent – entitlement to rent arrears and service charges. Procedure/evidence – burden of proof under s.110 Evidence Act – proof of payment of rent. Admissibility – District Land and Housing Tribunal’s discretion to admit secondary/documentary evidence; Evidence Act not strictly binding on tribunal. Remedies – removal and storage of tenant’s goods after lawful eviction; not unlawful confiscation.
|
13 October 2023 |
|
Late jurisdictional objection and unproven forgery; guarantor status established and appeal dismissed.
Land procedure – Territorial jurisdiction of DLHT – late forum objection barred by section 19 CPC; Evidence – burden to disprove guarantorship and prove forgery; Banking Regulation – alleged breach of LTV limits held irrelevant to guarantorship dispute; Service – notice of default acknowledged.
|
13 October 2023 |
|
Applicant failed to account for inordinate delay and did not show sufficient cause for extension of time; application dismissed with costs.
Civil procedure – Extension of time – Applicant must account for each day of delay and show sufficient cause and due diligence (Bushiri principle). Alleged technical delay and delay in obtaining certified copies do not automatically constitute good cause. Absence of supporting annexures undermines credibility of delay explanations. Discretion to extend time denied where delay is inordinate and unaccounted for.
|
13 October 2023 |
|
Appellant failed to prove ownership; failure to read application and some procedural lapses were not fatal, appeal dismissed with costs.
Land law — auction sale and bona fide purchaser — parties bound by pleadings; Evidence — primary evidence requirement for documents; Land Act — scope of s.113 on registered mortgages; Procedure — failure to read application (Reg 12) not fatal absent prejudice; Judgment content — compliance with Reg 20; Notice — 60-day default notice owed to borrower/defaulter; Jurisdiction — DLHT limited to land disputes.
|
13 October 2023 |
|
A purported sale without Commissioner approval and without spouse consent is inoperative and cannot vest ownership in the appellant.
Land law – disposition of granted right of occupancy; Commissioner for Lands’ approval required (s.37(5) Land Act) – Registered proprietor as owner (s.35 Land Registration Act); Spousal/co-occupier interest by contribution (s.161(2) Land Act) – Duty of transferee to inquire about spouse’s consent (s.161(3)(b)) – Failure to obtain approval or consent renders disposition inoperative or voidable; transferee’s lack of proof defeats claim.
|
13 October 2023 |
|
Application struck out as incompetent for failure to issue 90 days' notice required to sue the Government under section 6(2).
Government Proceedings Act – section 6(2) – 90 days' notice to sue the Government; Deed of settlement recorded as decree – scope and enforcement; Whether deed granted applicant right to enforce – clause interpretation; Competency of suit where statutory notice not issued.
|
12 October 2023 |
|
Preliminary objections on verification, trustees’ resolution and jurisdiction were overruled; suit proceeds.
Land law — preliminary objections — verification of pleadings (Order VI r14–15) — authority to verify — factual versus pure legal points; Trusts — no trustees’ resolution requirement under Trustees Incorporation Act (Cap 318) to institute suit; Civil procedure — pecuniary jurisdiction determined at institution (2009) and section 13 CPC does not oust High Court jurisdiction; functus officio — previously decided preliminary points not re-opened.
|
12 October 2023 |
|
Objection to a defence struck out where signature predated disqualifying ruling and was in personal capacity.
Civil procedure – preliminary objection – timeliness and propriety; signature and verification of pleadings – capacity (personal v. on behalf of company); joint written statement of defence; effect of later court ruling on earlier-signature validity; costs for unmeritorious preliminary objections.
|
12 October 2023 |
|
Late supply of a ruling’s copies constituted sufficient cause to extend time to file a reference.
Civil procedure – Extension of time – Order 8(1) Advocates Remuneration Order GN. No. 263/2015 – "sufficient cause" – late supply of copies of ruling as grounds for extension – discretion guided by case law (Oswald Masatu Mwizarubi).
|
11 October 2023 |
|
Appellant failed to prove title or adverse possession; Tribunal’s finding for the respondent by customary inheritance upheld, appeal dismissed.
Land law – proof of ownership – burden of proof lies on the claimant – credibility and weight of evidence. Adverse possession – must be pleaded and proved with uninterrupted possession for the statutory period – doctrine inapplicable where not pleaded. Succession/customary inheritance – ownership can arise by inheritance and need not be established solely by letters of administration. Appellate review – appellate court will not disturb Tribunal’s credibility findings absent misdirection.
|
11 October 2023 |
|
Leave to appeal granted to clarify whether combining multiple prayers makes an application omnibus and if affidavit insufficiency is a pure point of law.
Leave to appeal – Whether merits or leave stage threshold satisfied; Omnibus applications – combining multiple prayers and sufficiency of affidavit; Preliminary objections – abandonment where no submissions filed; Whether insufficiency of affidavit is a pure point of law or a merits/jurisdictional question.
|
11 October 2023 |
|
Extension denied: alleged illegality not manifest on the face of the record, thus ordinary appeal grounds only.
Civil procedure – extension of time to file notice of appeal – alleged illegality as ground for extension – illegality must be manifest on the face of the record and not dependant on long argument. Evidence/procedure – cause of action (breach of tenancy vs trespass) – disagreement over characterization of pleadings is ordinarily a ground of appeal, not a jurisdictional defect. Procedure – involvement of assessors – absence does not automatically constitute manifest illegality unless apparent on record.
|
11 October 2023 |
|
Suit struck out: plaintiff lacked locus standi after letters of administration were quashed; other objections dismissed.
• Civil procedure — preliminary objections must be pure points of law.
• Limitation — breach of contract (6 years) vs. recovery of land (12 years); accrual when plaintiff became aware.
• Continuing breach — distinction between single breach and continuing obligation.
• Pleadings — verification (Order VI r 15) defects may be amendable; not necessarily incurable.
• Locus standi — joint administrators must act jointly; annulment/quashing of letters of administration defeats locus standi.
• Judicial notice — court may inspect and rely on a district court decision produced by counsel to assess its effect on proceedings.
|
10 October 2023 |
|
Court regularized absence of some defendants by recording a deemed ex-parte order and ordered the case to proceed.
Civil procedure – Order VIII r.1(3) and r.14(1) – failure to file defence – implied/deemed ex-parte order – proof of service – inherent power of the court under section 95 to regularize procedural defects.
|
10 October 2023 |
|
The appellant failed to prove prejudice from a public-holiday judgment and the appellate chairperson validly gave reasons when differing from assessors.
Land law – Appellate review of Ward Tribunal decisions – Role of assessors and requirement to give reasons when differing (s.24 Land Disputes Courts Act); Ward Tribunal judgment delivered on public holiday – not automatically void; prejudice must be shown.
|
10 October 2023 |
|
Court dismissed trespass claim for failure to prove title and because allocation/right of occupancy lies with the Commissioner for Lands.
Land law — allocation and right of occupancy are functions of the Commissioner for Lands (Land Act ss.26,29); remedy by appeal to Minister; High Court lacks power to allocate land; evidentiary requirements for trespass claims — necessity of documentary proof and joining/summoning land office/survey officials; relevance of planning space standards to alleged plot size.
|
6 October 2023 |
|
Technical delay from pursuing a struck-out revision justified extension; 19 days was prompt, revision to be filed within 21 days.
Land law — Extension of time to file revision — Technical delay from pursuit of an incompetent but bona fide revision — Promptness assessed case-by-case — Nineteen days held reasonable.
|
6 October 2023 |
|
An unregistered sale with delivery of the letter of offer conveyed ownership despite a later-issued certificate of title.
Land law – ownership by unregistered sale and delivery of letter of offer – distinction between ownership and certificate of title; Trespass and unlawful eviction – entitlement to injunctive relief and general damages; Proof of specific damages – requirement for strict documentary proof; Civil procedure – ex parte proceedings – limited right of a struck-out defendant to cross-examine plaintiff’s witnesses.
|
6 October 2023 |
|
The court dismissed the land suit for lack of jurisdiction because the Commercial Division had already determined the plaintiffs' interest in the property.
Land law – jurisdiction – objection proceedings under Order XXI Rule 62 – fresh suit after dismissal of objection proceedings must be brought in executing court. Civil procedure – res judicata/functus officio – prior competent determination by Commercial Division on plaintiffs’ interest in property precludes relitigation. Matrimonial property – claim of spousal consent to mortgage – previously adjudicated in Commercial Division objection proceedings.
|
6 October 2023 |
|
Applicant failed to show good cause for extension; delay unaccounted and alleged illegality not apparent on record.
Extension of time – judicial discretion – applicant must show good cause – factors: length of delay, reason, arguable illegality on face of record, prejudice. Delay – every day must be accounted for; unsupported assertions insufficient. Medical evidence – hospital chit/records required to prove prolonged incapacity; letters may be inadequate. Illegality – must be apparent on the face of the record (not discoverable by long argument) to justify extension.
|
6 October 2023 |
|
The appeal against a Tribunal execution order was dismissed; Tribunal properly proceeded and execution orders are appealable under GN.173 rules 23–24.
Land law – Execution of decree – execution by demolition – when execution may proceed (decree unsatisfied, no stay). Civil procedure – Adjournment and right to show cause – sufficiency of summons and oral opportunity to be heard. Appeals – Appealability of execution orders from District Land and Housing Tribunal – rules 23 and 24, GN.173/2003. Civil procedure – Overriding objective (sections 3A and 3B CPC) – curative effect for procedural/formal defects.
|
6 October 2023 |
|
Appellant’s failure to request locus in quo and non-fatal witness contradictions led to dismissal of the appeal.
Land law – boundary disputes – locus in quo not mandatory; visit only in exceptional circumstances. Evidence – residential licence does not prove surveyed plot or precise measurements; absence of beacons or approved plan. Evidence assessment – contradictions in witness testimony not necessarily fatal; tribunal’s credibility findings entitled to deference.
|
6 October 2023 |
|
An addendum settlement cured the applicant's construction complaint; injunction and permit delays excused the respondent; counterclaim unproven.
Land law – construction agreement – performance and frustration; building permit requirement; injunction as frustrating event affecting non‑party contractor when issued against an owner; validity and effect of addendum/conciliation entered by an administrator; counterclaim for special damages and lost rent requires strict proof.
|
6 October 2023 |
|
A plaint lacking the required description of immovable property is incompetent and must be struck out when conceded.
Land law – Pleading requirements – Order VII Rule 3 CPC – Mandatory description of immovable property by title number or adequate location/boundaries; failure renders plaint incompetent; concession of preliminary objection requires striking out, not withdrawal.
|
6 October 2023 |
|
Court refused to vary status-quo order; applicants must continue paying hire-purchase instalments pending determination of main suit.
Land law – interim orders – maintenance of status quo – continued payment of hire-purchase instalments pending determination of main suit Civil procedure – variation of orders – limits of Order XXXVII Rule 5 CPC; injunctions versus other orders Procedural finality – functus officio; proper remedies are appeal or review, not re-opening before same judge Contract law – hire-purchase obligations – disputed arrears to be determined in main suit
|
5 October 2023 |
|
Extension of time granted where applicant’s affidavit showed non‑receipt of judgment and respondent failed to adequately rebut facts.
Land appeal — extension of time to appeal — requirement to account for delay; affidavits — necessity to properly controvert factual assertions in counter-affidavit; failure to furnish judgment by lower tribunal; right to be heard — relevance to sufficient cause for extension of time.
|
5 October 2023 |
|
Whether an uncorroborated counsel mistake about a hearing date suffices to set aside dismissal for non-appearance.
Civil procedure – Setting aside dismissal and striking out – Adequacy of reasons for non-appearance at pre-trial conference – bona fide mistake/human error – requirement for corroborating evidence (counsel's diary, cause list, travel documents, leave). Duty of parties to follow up proceedings and personal explanation for non-appearance. Credibility and previous defaults as factors in assessing sufficiency of cause.
|
5 October 2023 |
|
Applicants' failure to file court-ordered written submissions led to dismissal of their extension application with costs.
Civil procedure – non-compliance with scheduling orders – failure to file written submissions; consequence: dismissal for failure to prosecute. Practice – extension of time application dismissed where applicant fails to prosecute matter by court-ordered steps. Court orders – parties must obey directions of the court; disobedience attracts sanctions including costs and dismissal.
|
5 October 2023 |
|
A presiding officer’s refusal to recuse is interlocutory and not subject to revision; recusal must be sought from that officer.
Recusal — application must be made to and decided by the presiding judicial officer; test is reasonable apprehension of bias. Interlocutory orders — refusal to recuse does not finally determine the suit and is not revisable under section 79(2) CPC. Revisional jurisdiction — higher court will not supplant presiding officer’s discretion on recusal.
|
5 October 2023 |
|
Plaintiff's land suit struck out as res sub judice because a Court of Appeal revision on the same land is pending.
Civil procedure – res sub judice – section 8 CPC – pending revision in Court of Appeal on same land – risk of conflicting decisions – stay refused; res judicata objection unnecessary to determine.
|
5 October 2023 |
|
Applicant failed to establish apparent illegality or account for delay; extension of time to appeal was properly refused.
Land law — extension of time — illegality of impugned decision as sufficient cause; Jurisdiction of ward tribunal — registered/surveyed land and proof by Certificate of Title; Extension of time — Lyamuya factors (delay, accounting, diligence, importance of point of law); Appellate power — first appellate court may consider issues omitted by lower tribunal (BAKWATA).
|
5 October 2023 |
|
Respondent held in civil contempt for breaching a status quo order; fined TSh 300,000 and costs to follow the event.
Civil contempt – breach of status quo order – order must be clear and unambiguous; elements: existence of order, actual knowledge, intentional breach – certificate of title not justification while ownership dispute pending – fine as alternative to committal.
|
5 October 2023 |
|
High Court lacks jurisdiction to stay execution once proceedings have commenced in the Court of Appeal.
Civil procedure — Stay of execution — High Court lacks jurisdiction to grant stay once proceedings have commenced in the Court of Appeal; overriding-objective (s3A) and inherent-power (s95) provisions do not create jurisdiction; Order XXI Rules inapplicable where Court of Appeal proceedings pending.
|
5 October 2023 |
|
Failure to serve the statutorily mandated 90‑day notice on specified government authorities rendered the suit defective and struck out.
Government Proceedings Act s.6(2) – mandatory 90‑day notice – must be addressed and served on concerned Minister/Department/Officer, Attorney General and Solicitor General with proof of receipt. Proof of service – signature, official stamp and date required; non‑compliance prejudices Government and affects court's competence. Doctrine of constructive notice – not applicable to cure defective service under the Government Proceedings Act. Overriding/"oxygen" principle – cannot override mandatory procedural requirements that go to the root of the case. Result – defective notice; preliminary objection upheld; suit struck out with costs.
|
5 October 2023 |