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Citation
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Judgment date
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| November 2023 |
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30 November 2023 |
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Applicant satisfied Atilio criteria; interlocutory injunction granted to restrain sale of disputed properties pending trial.
Civil procedure – interlocutory injunction – Atilio v Mbowe test (prima facie case; irreparable harm; balance of convenience); mortgage/loan dispute – service of statutory 60‑day notice; whether property formed part of security – matters for main suit.
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30 November 2023 |
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Extension to appeal an ex parte land-tribunal decision dismissed as inappropriate; applicant must pursue the proper remedy.
Civil procedure — Extension of time — Illegality as good cause for enlargement of time — applicability when judgment was entered ex parte; Right to be heard — violation alleged where tribunal proceeded ex parte; Proper remedy for ex parte decisions — set aside proceedings, not necessarily appeal; Land Disputes Courts Act, Section 41(2).
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30 November 2023 |
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30 November 2023 |
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Applicant failed to show good cause for extension of time to seek certification of a point of law; application dismissed with costs.
Land practice — Extension of time to apply for certificate on point of law — Good cause required — Lyamuya factors: account for delay, absence of inordinate delay, diligence and apparent illegality — Illness and withdrawn/struck-out applications do not suffice without full accounting — Alleged illegality must be apparent on record — Application may be decided on applicant's submissions where respondent defaults.
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29 November 2023 |
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The court struck out the suit for want of cause of action; refusal to sign transfer documents alone was insufficient.
Civil procedure – Pleadings – Cause of action – The plaint must disclose facts entitling the plaintiff to sue; mere assertions insufficient. Land law – Transfer documents – Refusal to sign transfer papers alone does not constitute a cause of action without pleading defendant's status or legal obligation. Administrative actions – Alleged acts/omissions of Commissioner for Lands are distinct and may not constitute proper causes of action against a private defendant. Preliminary objection – Where a plaint discloses no cause of action, the suit may be struck out with costs.
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29 November 2023 |
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Undivided co-owners cannot convey land without consent; tribunal erred by introducing unpleaded division and failing to address default.
Land law – joint/indivisible ownership – co-owner cannot dispose of land without consent of other co-owners; sale by single co-owner void ab initio. Civil procedure – pleadings bound parties and court – trial court must not introduce unpleaded findings or create facts. Civil procedure – failure to file written statement of defence permits inference of admission and may justify default judgment. Remedies – erroneous findings based on unpleaded facts warrant quashing and setting aside of trial judgment.
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29 November 2023 |
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Preliminary objections raising the Administrator General’s joinder were factual, not points of law, and thus overruled.
Civil procedure – preliminary objections – point of law versus factual dispute – Mukisa Biscuits test applies.* Administration of estates – locus standi of co-administrator – role of Administrator General under s.7(2) Administrator General (Powers and Functions) Act.* Abuse of court process – failure to join Administrator General raises factual inquiry, not a pure legal point.
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29 November 2023 |
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The plaintiffs proved breach of lease and recoverable rent arrears; some claims were time-barred and unauthorized renovations not set off.
Land law – lease – implied covenant to keep dwelling fit for human habitation (s.88(1)(d) Land Act). Recovery of rent – arrears – effect of continued occupation on obligation to pay rent. Limitation – Law of Limitation Act item 13 Part I Schedule – six-year bar to recovery of rent arrears. Pleadings – court may not award unpleaded amounts; evidence confined to pleadings. Set-off – unauthorized renovations not allowable as set-off against rent where no lessor approval.
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29 November 2023 |
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Court reviewed and corrected a manifest error where reasons found an appeal meritorious but the order dismissed it.
Civil procedure — Review — Mistake or error apparent on the face of the record — Order XLII r.1(b) CPC — Correction of manifest inconsistency between reasons and final order. Judgment — Clerical/manifest error — When findings support allowing an appeal but the concluding paragraph dismisses it — power to review and correct.
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29 November 2023 |
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The appellant's late objections to documentary and electronic evidence fail; the tribunal's rent award is upheld despite an overstated ownership finding.
Evidence – admissibility of documentary evidence – photocopies/secondary evidence admissible if admitted without objection at trial. Evidence – electronic evidence – admissibility under section 64A Evidence Act and Electronic Transactions Act. Civil procedure – appellate review – objections not raised at trial cannot be raised first on appeal. Land law – landlord-tenant obligations – tenant's burden to prove payment; lease agreements entitle landlord to rent arrears. Procedural scope – tribunal's finding on ownership beyond framed issues constituted overstretching, appropriate only as incidental remark.
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28 November 2023 |
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Appellate court rejects after‑thought evidentiary objections and upholds rent award; ownership finding unnecessarily overstated.
Evidence — appellate admissibility objections — objections to documents (lack of signature/common seal) raised first on appeal are afterthoughts and not entertained; Lease agreements — tenant’s obligation to pay landlord shown by executed leases even if third‑party ownership is alleged; Proof of debt — reconciliation document admitted at trial supports rent arrears claim; Electronic evidence — admissible under section 64A Evidence Act and Electronic Transactions Act; Procedural scope — tribunal’s decision should not overreach issues framed, ownership finding was an overstretch.
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28 November 2023 |
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Court grants extension of time to file appeal, excusing withdrawal without leave due to applicant's unrepresented status.
Land law – extension of time – section 41(2) Land Disputes Courts Act – requirement to account for delay; Civil procedure – withdrawal of suit/appeal without leave – effect on right to refile; Discretionary relief – application of Lyamuya factors (accounting for delay, inordinate delay, diligence, other sufficient reasons); Overriding objective – protection of lay litigant who withdrew appeal in person; Technical/bonafide delay – reasonable time to prepare pleadings.
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28 November 2023 |
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Revision application dismissed as time‑barred for failure to meet the Law of Limitation Act's 60‑day requirement.
Land law – Revision of District Land and Housing Tribunal decisions – Limitation: Item 21, Part III Schedule to Law of Limitation Act prescribes 60 days where statute is silent – Computation of time and exclusion for obtaining requisite copy (s.19(2)) – Failure to prove date of obtaining copy – Time‑barred applications dismissed per s.3(1) Limitation Act.
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28 November 2023 |
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Extension of time granted to file notice and leave to appeal due to technical delay and administration matters.
Land law – Extension of time to file appeal – Technical delay – Appeal previously prosecuted then withdrawn for technical reasons – Death and grant of letters of administration affecting prosecution – Preliminary objections (omnibus, wrong citation, procedural defects) overruled.
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27 November 2023 |
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Leave for a representative suit granted only for those who proved consent and proprietary interest by documents.
Order I Rule 8 CPC – representative suits – requirement of consent and proof of common interest – minutes and sale agreements as proof – prior ruling insufficient to establish identity or interest – partial grant of leave.
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27 November 2023 |
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Applicant failed to show sufficient cause to set aside dismissal: advocate’s negligence and witness sickness were inadequate.
Civil Procedure – Order IX Rule 6(1) – Setting aside dismissal for non-appearance – "Sufficient cause" required – Advocate’s failure to notify court or arrange substitute counsel – Sickness of non-party witness not sufficient where action instituted under power of attorney – Distinguishing cases where advocate received wrong date.
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27 November 2023 |
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Reference dismissed: Taxing Master's instruction and attendance fee awards were reasonable and not reviewable.
Costs — Taxation reference — Whether taxed instruction and attendance fees were excessive — Advocates Remuneration Order (schedules on instruction and attendance fees) — Discretion of Taxing Master and limited court interference.
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27 November 2023 |
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Court upheld Taxing Master's awards, finding instruction and attendance costs reasonable and dismissing the reference.
Taxation of costs – discretion of Taxing Officer – interference only if manifestly excessive, inadequate or exercised on wrong principle; instruction fees; attendance costs; Advocates Remuneration Order provisions.
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27 November 2023 |
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Appellant failed to prove payment and title; breach of contract and absence of key witnesses led to dismissal with costs.
Land law – ownership disputes over unsurveyed land; effect of breach of sale contract for non‑payment of purchase price. Evidence – burden of proof on balance of probabilities; adverse inference for failure to call key witnesses (Hemedi principle). Conveyancing – validity of sale chain and sale by agent under a power of attorney. Procedure – Regulation 12 GN.174/2003 compliance not fatal where pleadings exchanged and issues framed. Local government resolutions – limited evidential value where vague or unsigned.
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24 November 2023 |
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Failure to proceed after a court-ordered last adjournment justified dismissal of the suit for want of prosecution.
Civil procedure – Dismissal for want of prosecution; last adjournment and directive to proceed in absence of counsel; inherent powers to terminate proceedings; adverse inference from unexplained counsel absence; discretion on costs.
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24 November 2023 |
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Preliminary objections on res judicata, non-joinder, cause of action and locus standi were overruled as factual matters requiring evidence.
Civil procedure — Preliminary objections — Point of law versus questions of fact — Objections involving disputed facts and party identity are unsuitable for disposal at preliminary stage. Res judicata/abuse of process — Prior proceedings require factual comparison of parties and subject matter. Non-joinder — Whether a local official is a necessary party depends on factual proof. Locus standi — Capacity to sue (personal vs. representative) may involve customary inheritance and facts beyond pleadings.
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24 November 2023 |
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Applicant who admitted loan default failed to show prima facie case or irreparable harm; interim injunction refused.
Civil procedure — interim injunction — requirements: prima facie/serious issue to be tried; irreparable harm not compensable by damages; balance of convenience. Mortgage enforcement — sale of mortgaged property pending loan recovery. Third‑party interests in land — necessity of evidence (affidavit/claim) to justify injunctive relief.
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24 November 2023 |
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Filing a notice of appeal does not automatically stay taxation; excessive instruction fees reduced on review.
Taxation of costs – Effect of filing notice of appeal – Notice of appeal does not automatically stay taxation; Advocates Remuneration Order – timing and taxation of bills; Instruction fees – assessment and reduction where little or no work was performed; Notice of non-contendence – weight in taxation.
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24 November 2023 |
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Counterclaim struck out where a stranger was impleaded as plaintiff and no bona fide mistake justified substitution.
Land law — Counterclaim procedure — Order VIII rules 9 & 10 — Only a defendant to the main suit may sue in a counterclaim; strangers cannot be plaintiffs in a counterclaim — Order I r 10(2) substitution/addition requires bona fide mistake — Misjoinder leads to incompetence and striking out of counterclaim.
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24 November 2023 |
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Mareva injunction refused: applicants proved an arguable case but failed to show irreparable harm and the balance of convenience.
Mareva injunction – application pending statutory notice – availability where statutory impediment prevents suit initiation; Temporary injunction test (Attilio v Mbowe) – prima facie case, irreparable injury, balance of convenience; Territorial jurisdiction – prior ruling directing filing in Dar es Salaam; Mortgage/loan security – sale of secured land and alleged lender breach.
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24 November 2023 |
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Prior spousal consent and a continuing mortgage clause validate bank security; plaintiff’s challenge to sale dismissed.
Land law – mortgage as continuing security; spousal consent to disposition of matrimonial home – scope of prior consent; service of demand by post – sufficiency; relief for alleged breach of facility agreement.
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23 November 2023 |
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The applicant's leave application was incompetent because the impugned High Court decision was appealable as of right.
Appellate Jurisdiction Act s5(1)(a) — appeals from High Court in original jurisdiction; Land Disputes Courts Act s47(1); competence of leave to appeal; civil proceedings under Civil Procedure Code (Order XIII r.2) — chambers summons; extension of time applications.
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23 November 2023 |
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Non-joinder of the bona fide purchaser of auctioned land is fatal; court ordered disclosure and amendment to implead purchaser.
Land — Auction sale — Non-joinder — Bona fide purchaser of auctioned property as necessary party — Two‑part test for necessary party (right of relief; inability to pass effective decree) — Order 1 Rules 3, 9 and 10(2) CPC — Remedy: amendment and disclosure of purchaser — Costs within suit.
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23 November 2023 |
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Temporary injunction refused where applicant failed to prove marriage or that mortgaged properties were matrimonial homes.
Civil procedure – temporary injunctions – requirements of prima facie case, irreparable harm and balance of convenience (Atilio test); Land law – spouse assent for mortgage of matrimonial home (s.114(1) Land Act); Marriage proof – evidential weight of marriage certificate or register entries (s.53 Law of Marriage Act); Forum shopping – adverse costs against counsel.
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23 November 2023 |
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Procedural defects in affidavit and non-joinder were not fatal to an application to set aside an ex‑parte order.
Civil procedure – application to set aside ex‑parte order – preliminary objections – affidavit and chamber summons alleged variance; affidavit alleged to contain prayers/legal conclusions (Order XIX r.3); necessity to attach order sought to be set aside; non‑joinder of parties – court overruled objections and allowed amendment where appropriate.
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23 November 2023 |
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Extension denied where illness and alleged illegality were unproven and delay was unexplained.
Civil procedure — extension of time — requirement to account for delay and show diligence — Lyamuya guidelines applicable. Advocates Remuneration Order — Rule 8(1) (extension) and Rule 58(1) (production of receipts) — receipts required only if Taxing Officer so orders. Illegality as ground for extension — must be apparent on face of record to justify extension; not established where enquiry requires long-drawn factual digging. Evidence — submissions are not proof; facts must be pleaded and supported by affidavit/annexures.
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23 November 2023 |
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Appeal dismissed: wakf ownership unproven, procedural objections lacked merit; each party to bear own costs.
Land law — ownership dispute over parcel claimed via wakf; applicability of Land Act vs probate/trust/wakf law; proof of oral wakf requires witnesses; verification of pleadings by a trustee is valid for a trust appellant; transfer of tribunal file requires recorded reasons (here recorded); assessors may question witnesses with court's leave; adverse possession cannot be raised if not pleaded.
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23 November 2023 |
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Appellant failed to prove matrimonial interest; tribunal correctly held purchaser to be lawful owner and appeal dismissed.
Land law – matrimonial property – burden of proof under s.110 Evidence Act; allegation of stolen title documents requires corroboration/police RB; ownership by prior sale; weight of evidence determining title.
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22 November 2023 |
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Application for extension of time dismissed for failing to account for inordinate, unexplained delay and to prove alleged illegality.
Extension of time – applicant must account for each day of delay – technical delay and alleged illegality must be substantiated – unexplained/default dismissal of antecedent application – absence of counter-affidavit does not relieve applicant of duty to prove entitlement to extension.
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22 November 2023 |
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A buyer of land sold by a vendor without title cannot acquire ownership; sale is nullity and no damages awarded.
Land law – invalid sale where vendor lacks title; allocation by village authority must be proved by documents or witnesses; purchaser cannot acquire better title than a trespasser; trespasser cannot claim damages for demolition; tribunal should not determine another party’s title absent a counterclaim.
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22 November 2023 |
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Appeal dismissed as incompetent where administratrix was properly substituted and counsel addressed tribunal on application defect.
Land law – civil procedure – substitution of deceased by administratrix – substitution validates continuation of proceedings against estate. Tribunal procedure – suo motu point of law – requirement to disclose cause of action and time (Regulation 3(2)(c)) – striking out defective application. Appeals – competence and merit – appeal dismissed as incompetent where grounds are unfounded. Costs – each party to bear own costs.
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22 November 2023 |
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High Court set aside DLHT judgment for granting unclaimed reliefs, misidentifying parties, and misfinding compensation; AG's revision allowed.
Land law; revision jurisdiction under s.79 Civil Procedure Code and Land Disputes Courts Act; Attorney General's locus to protect public property (s.17 Office of AG Act); illegality apparent on face of record where tribunal grants reliefs not prayed for; misfinding on compensation despite admission in record; misjoinder of District Executive Director versus District Council; quashing of DLHT judgment and execution orders.
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21 November 2023 |
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Alleged illegality (failure to join co-owner; ex‑parte hearing) sufficed to grant extension to file revision.
Extension of time – sufficiency of cause – alleged illegality on face of record – failure to join co-owner – ex‑parte proceedings against deceased – proof of death and joinder – Court may extend time to enable determination of illegality.
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21 November 2023 |
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Leave to appeal granted on ownership of family property and whether the trial tribunal relied on pleadings and evidence.
Civil procedure – Leave to appeal under s.47(2) Land Disputes Courts Act – discretion to grant leave – test: arguable/primafacie appeal, substantial question of law or novel point; frivolous/vexatious grounds not permitted. Land law – family property – whether disputed land forms part of deceased estates. Procedure – whether trial Tribunal’s decision was based on pleadings and evidence; role of High Court on leave applications is not to determine merits.
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21 November 2023 |
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Alleged failure to state a title number is a factual issue; boundary description suffices unless registration is proven.
Civil Procedure — Order VII r.3 — description of immovable property — requirement to specify title number where land is registered — boundary/neighbour description sufficient for unregistered land — preliminary objection must raise a pure point of law; factual issues require evidence.
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21 November 2023 |
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Unregistered sale by administrator cannot pass good title; purchaser failed to prove compliance, appeal dismissed with costs.
Land law – Administrator of estate – Requirement to apply and be registered as owner of deceased’s registered land before disposition (Sections 67, 68 LRA); failure to register renders disposition void ab initio; burden of proof on purchaser to show statutory compliance; procedural error in raising unpleaded issue saved by Oxygen principle.
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21 November 2023 |
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Interim injunction granted to restrain eviction pending suit due to prima facie case and risk of irreparable loss.
• Civil procedure – interim injunctions – Order XXXVII Rule 2(1), sections 68(e) & 95 CPC – application of Atilio v Mbowe test (prima facie case, irreparable injury, balance of convenience).
• Property law – challenge to validity of mortgage and legality of auction sale – need to preserve status quo pending determination.
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20 November 2023 |
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Appeal dismissed: appellants failed to prove purchase from the landowner, thus remained trespassers.
Land law – ownership and trespass; burden and evaluation of evidence in land disputes; sale by non-owner/no title to pass; weight of witness testimony; appellate re-evaluation of tribunal findings.
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20 November 2023 |
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Plaintiff’s unexplained failure to attend mediation warranted dismissal of the suit under Order VIII Rule 29(a).
Civil procedure – Mediation – Order VIII Rule 29(a), Civil Procedure Code Cap 33 R.E.2019 – Failure of plaintiff to attend mediation without recorded good cause – Court’s discretion to dismiss suit – After‑the‑fact submissions unsupported by mediation record or evidence are insufficient.
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20 November 2023 |
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Appeal dismissed for want of prosecution where appellant failed to file ordered written submissions and sought no timely extension.
Civil procedure – Appeal by written submissions – failure to file written submissions – tantamount to failure to prosecute – dismissal for want of prosecution; Extension of time – inability to access trial record raised belatedly is not sufficient cause; Duty to procure record before lodging appeal.
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20 November 2023 |
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Where land location is disputed and central to the claim, failure to inspect the locus in quo can nullify the trial tribunal's judgment.
Land law — locus in quo — necessity of site inspection where location is disputed and affects jurisdiction and ownership — failure to visit locus in quo may vitiate proceedings; burden of proof — parties must prove allegations under Evidence Act; appellate remedy — nullification and retrial where procedural defects impair decision.
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20 November 2023 |
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The applicant failed to prove ownership by administratorship; prior offer and unchallenged affidavits established the respondent's title.
Land law — proof of title — burden of proof in civil cases — priority principle between competing letters of offer — tracing origin of title — evidential value of Hati ya Kiapo (affidavits) — unchallenged documentary evidence — locus standi where prior letters of administration exist.
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20 November 2023 |
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Appellants failed to prove sale was void; court upheld tribunal’s finding that sale was valid and appellants did not discharge evidential burden.
Land law – sale of registered land – effect of payment/consideration and passing of title prior to formal transfer; Evidence – failure to tender forensic report and documentary proof permits adverse inference; Evidence Act – burden of proof on party asserting ownership; Civil procedure – late tendering of exhibits and trial court’s discretion; Validity of contract – formalities and witness credibility.
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20 November 2023 |
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Leave under bankruptcy/companies law was inapplicable to sue the liquidator for post-receiving-order rent; application struck out.
Bankruptcy Act s.9(1) and Companies Act s.288 – leave required to sue a company under liquidation in respect of provable debts; applicability limited to company debts provable in liquidation. Liquidator/government institution v. company under liquidation – distinction between debts of the company and liabilities incurred by the liquidator after receiving order. Competency of an application for leave – application framed under leave provisions is incompetent where claim is against liquidator for post-receiving-order liabilities.
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17 November 2023 |