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134 judgments found.
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March 2023
Ward Tribunal had jurisdiction; appellant failed to prove higher value or admissible title, appeal dismissed.
Land disputes
— Admissibility — copy of sale agreement not admitted cannot prove title
— Appellate review — no reason to interfere with DLHT findings
— Evidence — burden to prove value and ownership
— Pecuniary jurisdiction of Ward Tribunal — statutory ceiling Tshs. 3,000,000
31 March 2023
Applicant's unproven, contradictory illness claim failed to justify extension of time to file an appeal.
Extension of time; section 38(1) Land Disputes Courts Act; sufficiency of medical evidence to excuse delay; requirement to account for all days of delay; contradictory averments and lack of corroborative documents; reliance on authority requiring satisfactory explanation for delay.
31 March 2023
Priority principle and cancellation of a survey plan establish plaintiff's superior title; damages denied for lack of particulars.
Land law
— cancelled survey plan — effect on title
— double allocation — priority principle: earlier valid Certificate of Occupancy prevails over subsequent allocation
31 March 2023
Registered title proved plaintiff's ownership; defendants' occupation was trespass, warranting eviction, injunction and damages.
Land law — Lease — validity where lessor lacks title
Land law — registered title as conclusive proof of ownership — registration
Land law — Remedies
— declaration of title, eviction, permanent injunction, general damages
— Duty to search land registry before contracting for land rights
Land law — trespass — unlawful occupation and liability of occupier who leases from non-owner
31 March 2023
Applicant failed to show sufficient cause or account for delay; extension of time denied and application dismissed.
Civil procedure — Extension of time to file appeal
— authorities: Benedict Mumello
— Bushiri Hassan
— discretion of court
— mere narration of underlying dispute does not constitute sufficient cause
31 March 2023
High Court judge lacks jurisdiction to review Deputy Registrar's execution order; Registrar review or Court of Appeal is proper.
Civil procedure — Execution proceedings — Jurisdiction to review Registrar/Deputy Registrar orders — Proper remedy is review before Registrar or appeal to Court of Appeal
31 March 2023
31 March 2023
Interim injunction granted to prevent alteration of land register and eviction pending resolution of ownership dispute.
Civil procedure — Interim injunction — Application of Atilio v Mbowe three‑part test (prima facie case, irreparable injury, balance of convenience)
— Application to disputes over land registration and pending eviction
— Order XXXVII r.1(a)-(b)
31 March 2023
Delay in receiving judgment copies and illness constituted sufficient cause to extend time to lodge an appeal.
Civil procedure — extension of time
31 March 2023
Delay in obtaining judgment copies and counsel's illness justified a 14‑day extension to lodge an appeal.
Civil procedure — extension of time
— Sickness as sufficient cause — need to account for all days of delay
— delay due to late supply of judgment — Time awaiting judgment excluded from computation of delay
31 March 2023
Dismissal at mention stage is an illegality and warrants restoration of the dismissed land suit.
Civil procedure — Restoration of dismissed suit — Illegality as sufficient ground — Dismissal at mention stage constitutes illegality — Doctrine borrowed from extension of time jurisprudence
31 March 2023
A plaint must sufficiently identify immovable property under Order VII r.3; failure to do so warrants striking out.
Civil procedure — Order VII r.3 CPC — Mandatory requirement to describe immovable property in the plaint sufficient to identify it
Civil procedure — Pleadings — vagueness in description of subject matter may lead to striking out the suit
Civil procedure — preliminary objection
— insufficiency of description sustained
— time-bar objection abandoned
Land law — description of land
31 March 2023
Claim for compensation after demolition was time-barred; plaintiff failed to plead exemption and suit was dismissed with costs.
Civil procedure
— plaint requirements
— Pleading
— remedy — dismissal of suit instituted after expiry of statutory limitation without exemption pleaded
Limitation law — Limitation of actions — claim for compensation following demolition — applicability of Section 3 and Item 1 of the Law of Limitation Act — suit time-barred
31 March 2023
Failure to give statutory 90‑day notice and join the Attorney General vitiated DLHT proceedings against a government‑majority bank.
Civil procedure — Government Proceedings Act — non‑joinder causes nullity of proceedings and judgment — Government Proceedings Act s 6(2)-(4)
Land law — Mortgage and sale by auction — Validity of mortgagee’s sale and compliance with statutory auction procedures — Auctioneer Act s 12 (14‑day notice)
31 March 2023
Registered title to the land prevailed; plaintiffs' customary claims failed and trespassers were not entitled to compensation.
Land law — ownership
— Burden of proof
— registered land and title deeds
— registration as prima facie/conclusive proof of ownership
Land law — Trespass and eviction
— compensation and allocation disputes following surrender/ change of land use
— trespassers not entitled to compensation (Princess Nadia authority)
30 March 2023
30 March 2023
High Court dismissed review as an appeal in disguise, holding errors of law are not reviewable and ordered costs.
Civil procedure — Execution proceedings — High Court lacks jurisdiction to entertain references founded on Registrar/Deputy Registrar execution decisions
Civil procedure — functus officio — Review cannot be used as an appeal in disguise
Civil procedure — Review
— Availability limited to manifest error on face of record, denial of hearing, lack of jurisdiction or fraud
— errors of law are not reviewable
30 March 2023
Apparent illegality can justify time extension, but not where dismissal followed counsel's abandonment and the taxation matter was never heard.
Civil procedure — extension of time — Illegality apparent on face of record as sufficient cause. Advocates Remuneration Order (G.N
Civil procedure — Procedure — dismissal for want of prosecution
— appropriate remedy
— consequences where counsel abandons prosecution
30 March 2023
Whether alleged illegality in the taxing master's dismissal justifies extension of time to lodge a reference.
Civil procedure
— Taxation — Advocates Remuneration Order (G.N
— extension of time — Whether alleged illegality apparent on the face of the record constitutes sufficient cause to extend time
No. 263 of 2015) — Dismissal for want of prosecution versus proceeding ex parte/adjournment
30 March 2023
Extension of time refused where applicants failed to account for delay and did not properly plead or demonstrate illegality.
Civil procedure
— Counsel's omission/inadvertence — Breakdown in communication with counsel — Not a per se sufficient cause without particularized evidence
— extension of time — duty to account for each day of delay — requirement of diligence
— illegality apparent on face of record — Illegality may constitute good cause only if of sufficient importance and apparent on the face of the record
30 March 2023
Tenant's rent default created periodic tenancy and lawful eviction; landlord awarded unpaid rent and trespass declaration.
Land law
— Eviction — Notice requirements — s.79(4), s.105(c) Land Act
— Lease expiry and periodic tenancy — acceptance of rent after lease expiry creates periodic tenancy per section 82 Land Act — Land Act ss 79(4), 82(1)-(2)
Trespass — Eviction and declaration — Counter-claim for unpaid rent, proof of arrears, declaration of trespass and refusal of unpleaded or general damages
30 March 2023
Leave to appeal granted where arguable jurisdiction and evaluation-of-evidence issues require Court of Appeal review.
Appellate practice — leave to appeal — arguable points of law deserving Court of Appeal consideration — Land Disputes Courts Act s 47(2)
Land law — jurisdiction of DLHT — Whether District Land and Housing Tribunal had jurisdiction in light of Primary and District Court decisions
30 March 2023
Suit struck out with costs for failure to appeal Registrar's decision under s.102(1) and for being improperly commenced as a fresh suit.
Civil procedure — preliminary objection — exhaustion of administrative remedies — Requirement to exhaust administrative remedies before instituting High Court proceedings
Land law — Land registration act s102(1) — procedural proper remedy versus fresh suit — Whether a fresh suit is competent instead of an appeal under s.102(1)
30 March 2023
After s.47(1) LDCA amendment, leave to appeal is not required for land matters; leave application struck out.
Land law — Appeal
— competency of leave applications
— interaction with s.5 AJA
— Whether leave to appeal to the Court of Appeal is required in land matters after amendment of s.47(1) LDCA
30 March 2023
Plaintiff proved ownership and trespass; court granted declaration, eviction, demolition and costs but denied unproven damages.
Civil procedure — substituted service by publication — ex parte proceeding when respondent fails to appear
Land law — proof of ownership — admissibility and weight of sale agreement as evidence of title
Trespass — Remedies — Declaration, eviction, demolition and injunction
30 March 2023
Applicant granted extension to appeal due to delayed supply of certified copies; no costs; appeal to be filed within 21 days.
Land law — Appeals — Extension of time to file appeal — Land Disputes Courts Act s41
30 March 2023
Registered title in the Lands Registry establishes ownership; construction on another's registered plot is trespass; eviction granted, monetary claims dismissed.
Land law — Registered title and letters of offer
— Construction on another's registered plot amounts to trespass
— Distinction between land rent and property tax
— Registration in the Land Registrar and Commissioner for Lands' records as conclusive proof of ownership
— Reliefs for eviction and demolition granted
— unproven monetary claims dismissed for lack of pleadings/evidence
30 March 2023
Registered title prevails; defendant failed to prove ownership or fraud; injunction and half costs awarded to plaintiff.
Evidence — allegations of fraud/forgery — Heightened standard of proof in civil proceedings for fraud/forgery
Land law — Registered title and ownership — title as conclusive evidence of ownership
Trespass — Trespass to land — Proof of ownership and unlawful entry
30 March 2023
Tenant’s insufficient documentary proof of contracted rent payments justified lawful landlord eviction and a successful counterclaim for arrears.
Evidence — Burden of proof — Burden of proof on claimant — Documentary and witness evidence required to prove payments and corroborate oral testimony
Land law — Lease — Recovery of rent arrears
29 March 2023
Applicants failed to prove irreparable harm or favourable balance of convenience for Mareva injunction despite a triable loan dispute.
Mareva injunction — requirement to satisfy Attilio v Mbowe three‑pronged test: prima facie case, irreparable loss, balance of convenience. Disputed loan accounts and alleged arbitrary interest restructuring give rise to a triable issue. Mere assertion of irreparable harm insufficient; must be particularised. Ex parte maintenance of status quo is procedural and does not equate to meeting injunction tests
29 March 2023
Leave to appeal granted where the land appeal raised arguable legal issues and appellate guidance was warranted.
Civil procedure — Appellate discretion — Harban Haji Mosi test and David Naburi criteria — appealability, rights affected, valid grounds
Civil procedure — jurisdictional challenge
— Leave is discretionary and not automatic
— primary court jurisdiction over land/tenancy matters
Civil procedure — Leave to appeal — Land disputes
29 March 2023
Leave to appeal granted where the land judgment raised arguable/legal issues and warranted Court of Appeal scrutiny.
Land law — Land appeal — Leave to appeal
— apparent illegality on face of record
— appealability and valid grounds required (Harban Haji Mosi; David Naburi)
— Grantable where novel point of law or arguable appeal
29 March 2023
Applicant failed to prove sufficient cause (including medical proof) for extension of time; application dismissed.
Civil procedure
— Extension of time to appeal — Requirement of sufficient cause before enlargement of time
— Factors for extension of time — Alleged illness of relative as cause — Necessity of medical/corroborative proof and accounting for entire delay
29 March 2023
High Court refuses direct challenge to Ward Tribunal decisions; proper remedy is appeal or revision to the DLHT; application dismissed.
Land law — Execution of decisions of Ward Tribunal — Proper forum to challenge Ward Tribunal orders is the District Land and Housing Tribunal
Land law — Procedural irregularity alleged in execution (use of broker, service, demolition notice)
— Court found execution by authorised broker and compliance with notice period
— High Court will not entertain direct back‑door challenges to Ward Tribunal decisions
29 March 2023
Application to extend time to file defence was time‑barred and dismissed; matter ordered to proceed ex parte.
Civil procedure
— Default by defendant to file Written Statement of Defence — Leave to prove claim ex parte by affidavit — Order VIII r.14 Cap.33
— extension of time to file written statement of defence — Proviso to Order VIII r.1(2) limits court’s power to grant extension beyond 21 days after expiry — Requirement to show good cause
29 March 2023
Objection proceedings cannot challenge a judgment in rem; the aggrieved party must institute a fresh suit.
Civil procedure
— Execution — Judgment in rem not challengeable by objection proceedings — Order XXI Rule 62 — Remedy is to institute a fresh suit
— Investigation of claims and objections — Objection proceedings where property is attached in execution of a decree to which the objector was not a party — Order XXI Rules 57 — 62 CPC
29 March 2023
A claimant must exhaust Order XXI remedies before instituting a fresh suit contesting property sold in execution.
Civil procedure
— Execution — Improper execution should be challenged by objection proceedings not by instituting a fresh suit — Requirement to exhaust remedies under Order XXI Rules 98 — 101
— Order XXI Rule 62 CPC — fresh suit to establish rights in property after objection proceedings — Requirement to exhaust Order XXI Rules 98 — 101
29 March 2023
28 March 2023
A tribunal may not award compensation to trespassers where title is unproven and compensation was unpleaded.
Civil procedure — Reliefs not pleaded — Courts cannot grant unpleaded reliefs
Land law
— compensation for improvements — Rights of unlawful occupiers — No entitlement to compensation for trespassers
— ownership and trespass — burden of proof — Evidence Act s 112
28 March 2023
Extension of time to file revision refused; preliminary objections held not to raise pure points of law.
Civil procedure
— Preliminary objections — whether plaint discloses cause of action — assessment based on plaint itself
— extension of time — application under s.14(1) Law of Limitation Act — Whether extension should be granted
Land law — boundary demarcation — Relief to set permanent beacons under GN No.306 of 1954 is a factual matter, not a pure point of law
28 March 2023
Earlier-registered titles prevail; plaintiff's later, irregularly obtained survey and title were nullified and claim dismissed.
Civil procedure — Remedies — declaration of equitable ownership, nullification of tainted title, rectification of register and injunction against interference — Nullification of unlawfully obtained title and award of costs
Land law
— competing titles — Priority principle — Earlier grantee prevails
— survey and registration — Cancellation of survey maps and removal of beacons — Irregular/fraudulent survey as ground for revocation and nullification of title
28 March 2023
Applicants failed to establish sufficient cause for extension; late receipt of proceedings did not justify relief.
Land law — Land procedure — Extension of time — Application for certificate on point of law — Late supply of proceedings does not equate to late supply of judgment/decree
28 March 2023
Applicants failed to show sufficient cause to extend time to apply for a certificate on a point of law.
Civil procedure — extension of time — application for certificate on point of law
Evidence — Proof of service/supply of judgment and decree — reliance on documentary dates and annexures. Failure to show sufficient cause — dismissal of application for extension of time
28 March 2023
Court ordered tribunal to allow payment of stamp duty to regularize an admitted sale agreement before excluding it.
Civil procedure — Irregular admission of unstamped instrument — Admitted unstamped document — Court may order payment of stamp duty under s 46(1) and apply s 73 CPC to avoid technical injustice
Land law — assessors' opinions — Chairman may depart if reasons given — Courts (Land Dispute Settlement) Act s 24
Tax law — Stamp duty — Whether exemption under s 47(1)(e) applies to instruments executed before a street chairman
28 March 2023
Advocate’s sickness and institutional negligence did not justify an unexplained eighty‑day delay; extension denied.
Limitation law — extension of time
— Counsel negligence and wrong citation — Advocate's negligence not a standalone ground for enlargement of time
— Sickness (hospitalisation) and accounting for delay — Applicant must account for all days of delay
27 March 2023
Court struck out argumentative counter‑affidavit and dismissed restoration application for lack of sufficient cause.
Civil procedure
— Affidavits — Order XIX Rule 3(1) CPC — Inadmissibility of legal arguments, conclusions or prayers in affidavits (Order XIX r.3(1))
— Overriding objective — cannot be applied to override mandatory procedural provisions
— Restoration of dismissed proceedings — Sufficient cause required for restoration of a matter dismissed for want of prosecution
27 March 2023
Extension of time to file review dismissed where applicants had withdrawn and failed to restore a time‑barred prior review application.
Civil procedure
— extension of time — Application under section 93 Civil Procedure Code — Proper use where prior review application was withdrawn and restoration failed as time‑barred
— Review — Remedies available after withdrawal of a review application — applicants cannot file a fresh review in the circumstances described
Limitation law — Limitation — alleged exclusion of time for prosecuting another proceeding — not applicable where record shows withdrawal and failed restoration
27 March 2023
Application for extension of time to file review dismissed; prior withdrawn review and limitation arguments did not excuse delay.
Civil procedure
— extension of time — Application under section 93 Civil Procedure Code — appropriateness of general enlargement provision where prior review was withdrawn
— Review procedure
Limitation law — Limitation — exclusion of time — when time spent on prior proceedings does not excuse delay
27 March 2023
Registered Certificate of Title establishes ownership; trespassers ordered to vacate; specific mesne profits unproven, token general damages awarded.
Damages — Loss of profits — Mesne profits and general damages — Specific mesne profits must be pleaded and strictly proved
Land law
— proof of ownership — certificate of title as prima facie/conclusive evidence — Land Registration Act s.2
— survey and registration — Cancellation of survey maps and removal of beacons — Effect on competing claims
27 March 2023
Review dismissed where plaint failed to plead grounds for delay under Order VII Rule 6, so error on face of record not established.
Civil procedure
— Limitation/time‑bar — Pleading requirements under Order VII Rule 6 — Necessity to plead grounds for delay to seek exclusion of time
— Review — error apparent on the face of the record — Whether alleged misstatement of dates and misleading submissions warrant review
27 March 2023