|
Citation
|
Judgment date
|
| November 2024 |
|
|
A tribunal that strikes out an incompetent suit lacks jurisdiction to decide ownership; its substantive declarations are set aside.
Land law – locus standi – only executor or administrator can sue in respect of causes of action surviving the deceased. Civil procedure – striking out for incompetence – tribunal loses jurisdiction to determine merits thereafter. Power of attorney – donor's personal appearance may render POA redundant but does not cure lack of administrator. Declarations made in incompetent proceedings are nullities and of no legal effect
|
29 November 2024 |
|
Failure to serve statutory 90‑day notice on Attorney General and Solicitor General renders suit incompetent; suit struck out with liberty to refile.
Government proceedings – section 6(2) Government Proceedings Act – mandatory 90‑day notice to relevant department and copies to Attorney General and Solicitor General; non‑compliance renders suit incompetent; misjoinder and overriding objective cannot cure statutory preconditions; remedy – strike out with liberty to refile subject to limitation; no order as to costs.
|
29 November 2024 |
|
Administratrix granted Mareva injunction pending expiry of 90‑day notice to protect estate land from irreparable interference.
Mareva injunction – requirements where government is party – intention to sue and service of 90‑day notice. Interim relief – preservation of status quo, prevention of irreparable loss, and balance of convenience
Locus – administratrix of deceased estate entitled to seek injunctive relief. Discretionary relief – court to exercise injunctive power judiciously
|
29 November 2024 |
|
A final judgment on land ownership creates rights in rem and bars the plaintiff's subsequent suit as res judicata.
Land law – res judicata – section 9 Civil Procedure Code – prior final judgment on land ownership creates rights in rem binding all, barring subsequent suit; preliminary objection admissible where facts assumed true.
|
29 November 2024 |
|
Special damages must be strictly proved; unproven special damages and constructive notice defeated the respondent's breach claim.
Civil procedure – Land/lease disputes – burden and strict proof of special damages; speculative awards impermissible. Contract/land law – non-payment of rent may amount to constructive notice of termination and defeat later breach claim. Civil procedure – non-joinder – objections must be raised early; late objections deemed waived
Formalities – mistaken description of signatory’s capacity in a lease may be a minor slip not invalidating the instrument
|
29 November 2024 |
|
Applicant failed to account for delay and alleged illegality was not pleaded or apparent, so extension of time denied.
Civil procedure – extension of time – applicant must account for each day of delay; affidavit must disclose reasons for delay. Civil procedure – supporting affidavit – issues relied upon must be pleaded in the affidavit, not only in submissions. Extension of time – illegality as sufficient cause – illegality must be apparent on the face of the record of the impugned decision. Locus standi – alleged lack of locus standi not sufficient for extension where not pleaded or apparent on the record
|
29 November 2024 |
|
|
29 November 2024 |
|
Court granted Mareva injunction to preserve disputed land pending expiry of the 90‑day notice to sue the government.
Mareva injunctions – requirements for granting against government claims; 90‑day notice to sue the Government; prima facie interest in land; balance of convenience and prevention of irreparable loss.
|
29 November 2024 |
|
Appeal dismissed: ownership action timely, no proven procedural irregularity or miscarriage of justice.
Land law — limitation period for land ownership (12 years) — ownership versus trespass; Procedural irregularity — representation by allegedly unqualified advocate — appellate restraint where issue not raised at trial; Appellate review — s.45 Land Disputes Courts Act — reversal only for errors causing miscarriage of justice; Evidence — adequacy of tribunal's evaluation and site visit for boundary description.
|
29 November 2024 |
|
Applicant failed to show sufficient cause or apparent illegality to justify extension to appeal an ex parte judgment.
Limitation of actions – extension of time under s.14 – requirement to show good cause and account for each day’s delay; illegality ground – must be apparent on face of record (Lyamuya) – procedural irregularity (non-service/non-notification) challenges the ex parte order and should be pursued by setting aside that order at the tribunal.
|
29 November 2024 |
|
Court granted extension to file review, finding delay technical from pursuing wrong forum; no costs.
Civil procedure – Extension of time – Technical delay caused by pursuing wrong forum – Delay not inordinate where subsequent application dismissed as res judicata; accounting for delay assessed in context.
|
29 November 2024 |
|
Inheritance evidence established ownership; tribunal had jurisdiction; appeal dismissed with costs.
Land law – ownership by inheritance; proof of root of title without registered certificate; District Land and Housing Tribunal jurisdiction over ownership and possession claims arising from inheritance; long-term occupation insufficient to confer ownership.
|
29 November 2024 |
|
High Court lacks jurisdiction over tax charge registration; claim also time‑barred, so application dismissed.
Tax law – tax enforcement charge under Tax Administration Act – jurisdiction of tax dispute settlement forums v
High Court; Limitation – challenge to initial registration is time‑barred; continuing wrong principle inapplicable
|
29 November 2024 |
|
A prior final judgment on the same plots barred the later application; execution delay did not defeat res judicata.
Res judicata – constructive res judicata – preclusive effect of final judgment between same parties/privities on same subject matter; Execution of decree – limitation (12 years) applies to enforcement proceedings, not to res judicata preliminary objections; Rectification of land register – administrative process under section 99(1) Land Registration Act, no express limitation; Change of administrator – does not avoid prior judgment's effect; Finality of litigation – courts must prevent multiplicity of suits.
|
29 November 2024 |
|
Appellate court set aside tribunal judgment, declared appellants owners, voided uncorroborated village land sale and restrained respondents.
Land law – village land sale formalities and corroboration; appellate re-evaluation of conflicting evidence; jurisdictional limits where land disputes implicate matrimonial issues; assessors' opinions – requirement to consider and give reasons for departure.
|
29 November 2024 |
|
A pending notice of appeal does not oust a tribunal's jurisdiction to tax costs; the applicant's challenge was dismissed.
Taxation — jurisdiction to tax costs — effect of pending notice of appeal; Preliminary objection — whether addressed by Tribunal; Court records — presumption of accuracy and requirement of compelling evidence to impeach; Stay of proceedings — necessity to apply for stay if prosecution of appeal is to suspend taxation; Execution separate from taxation — taxation does not automatically effect enforcement of costs.
|
29 November 2024 |
|
Court granted extension to file revision where tribunal allegedly decided ownership without hearing and illegality was apparent.
Land law – extension of time to file revision – illegality on the face of the record – right to be heard – lack of knowledge of judgment – authorities: VIP Engineering (illegality as sufficient cause).
|
29 November 2024 |
|
Tribunal’s dismissal upheld but respondent’s ownership declaration quashed; presumption of owner’s death raises risk of ownerless property.
Land dispute — ownership — failure to tender pleaded documents and summon material witnesses — adverse inference; Probate/matrimonial overlap — presumption of death after five years (s161 Law of Marriage Act; s117 Evidence Act) — risk property becoming ownerless; Tribunal’s competence to determine ownership challenged but declaration of ownership quashed; appeal dismissed.
|
29 November 2024 |
|
A suit dismissed for want of prosecution cannot be refiled; the correct remedy is to apply to set aside the dismissal.
Civil procedure – res judicata – effect of earlier dismissal for want of prosecution – subsequent refiling constitutes constructive res judicata. Civil procedure – remedies – dismissal for want of prosecution – proper remedy is an application to set aside the dismissal, then appeal if refused
Land Disputes Courts Regulations (2003) – Regs 11 and 15 – procedure on non-appearance and dismissal for want of prosecution
|
29 November 2024 |
|
A plaint must state when the cause of action arose; omission renders the suit incompetent and it is struck out with costs.
Civil Procedure – Pleadings – Order VII r.1(e): a plaint must state the facts constituting the cause of action and when it arose; annexures cannot substitute for missing particulars; failure renders suit incompetent and liable to be struck out.
|
28 November 2024 |
|
A plaint must state when the cause of action arose; failure renders the suit incompetent and subject to being struck out with costs.
Civil procedure — Pleading requirements — Order VII r.1(e) — Plaintiff must plead facts constituting cause of action and when it arose; annexures cannot cure omission — Failure to state when cause of action arose renders plaint incompetent and suit liable to be struck out.
|
28 November 2024 |
|
|
28 November 2024 |
|
|
28 November 2024 |
|
A single title wrongly issued over two separately sold semi‑detached units is ineffectual; plaintiff owns one unit.
Land law – subdivision/semi‑detached units – error in issuing single title over two separately sold units; tenancy‑purchase transfers; proof of fraud in civil suits requires higher standard; declaration of ineffectual title; owner of unit entitled to declaration and costs.
|
28 November 2024 |
|
Court granted Mareva injunction where prima facie ownership dispute, risk of irreparable loss, and balance of convenience favored the applicant.
Land law — Mareva/freezing injunction — interim relief pending 90‑day statutory notice to sue Government; Atilio v Mbowe test: prima facie case, irreparable harm, balance of convenience; disputed title and alleged forged sale agreement.
|
28 November 2024 |
|
A special power of attorney limited to tribunal proceedings does not confer locus standi to sue in the High Court.
Land law – locus standi – special power of attorney limited to Land and Housing Tribunal proceedings does not confer authority to institute separate High Court suit; substantive nature of locus standi; overriding objective cannot cure substantive defects; name discrepancy in power of attorney raises doubt as to authorization.
|
28 November 2024 |
|
Failure to describe the suit land's size and boundaries renders the tribunal's proceedings and orders null and void.
Civil Procedure — Description of immovable property — Order VII Rule 3 CPC — Sufficiency of size and boundaries in plaint; Land law — Executability of decrees; Jurisdictional nullity — Tribunal erred where property not identified; Revisionary powers — Section 43 Land Disputes Courts Act (Cap 216 R.E.2019).
|
28 November 2024 |
|
Executing tribunal exceeded its jurisdiction by making new orders and appointing a broker; those orders were set aside.
Execution of decree – limits of executing court – executing court cannot add or vary decree – appointment of court broker/valuer – unlawful attachment and sale of judgment debtor's property where not decreed – remedy: set aside and remit execution to different chairperson.
|
28 November 2024 |
|
A Written Statement of Defence verified by someone other than the defendant breaches Order VI Rule 15 and may be struck out with costs.
Civil procedure – Pleadings – Verification of pleadings – Order VI Rule 15 Civil Procedure Code – Written Statement of Defence improperly verified by another person – Defective pleading – Strike out – Costs awarded.
|
27 November 2024 |
|
A written statement of defence improperly verified is defective and may be struck out with costs.
Civil Procedure — Written Statement of Defence — Verification — Order VI Rule 15 CPC — Defective pleading verified by improper person — Striking out — Costs.
|
27 November 2024 |
|
Extension of time granted to appeal an ex‑parte land judgment due to alleged illegality; preliminary objections dismissed.
Land law – extension of time to appeal – s.41(1) LDCA – ex‑parte judgments – right to appeal under s.70(2) CPC – illegality as sufficient cause for extension – res judicata and functus officio – preliminary objections on affidavit veracity require evidence.
|
26 November 2024 |
|
Appeal partly allowed: sale of one mortgaged property upheld; tribunal wrongly nullified the other auction on flawed grounds.
Contract law – mortgage sale conditions – extent of "involvement" by bank officer and constructive notice; Land law – recovery by sale of mortgaged property – statutory notice and public auction publication; Evidence – reliance on outdated valuation reports for pricing determinations; Statutory protection – purchaser protection under section 135(3) of the Land Act; Civil procedure – counterclaim dismissal; appellate review of Tribunal findings.
|
26 November 2024 |
|
Extension of time to appeal refused where Court of Appeal’s stay and concurrent proceedings made the application an abuse of process.
Land law – extension of time to appeal under s.41(1),(2) Land Disputes Courts Act; requirements for sufficient cause and accounting for delay; effect of Court of Appeal stay on subsequent extension application; abuse of process and forum shopping.
|
26 November 2024 |
|
Contradictory affidavit allegations defeated extension of time; taxing officer's decision upheld.
Advocates Remuneration Order — extension of time; service of written submissions — whether non-service amounts to illegality; affidavits tainted with falsehoods — cannot support relief; credibility and consistency of sworn statements.
|
26 November 2024 |
|
Court granted temporary injunction restraining respondents from auctioning disputed residential property pending main suit determination.
Civil procedure – Temporary injunction – Application of Atilio v. Mbowe three-fold test (prima facie case, irreparable loss, balance of convenience) – Restraint on auctioning disputed residential property pending determination of main suit
Contract/default – Alleged contractual right to sell on default – Whether such issue should be determined at interlocutory stage or in main suit
|
26 November 2024 |
|
Application to extend time to set aside ex‑parte order struck out for omitting co‑defendants and misjoinder.
Land procedure – Application to extend time to set aside ex‑parte order – Misjoinder and omission of co‑defendants – Parties in subsequent proceedings must mirror original proceedings unless properly changed – Court may strike out incompetent application and may raise misjoinder suo motu.
|
26 November 2024 |
|
Failure to state the plaint’s subject-matter value (Order VII r.1(i)) renders the suit incompetent and it is struck out.
Civil procedure — Pleadings — Order VII Rule 1(i) CPC — Requirement to state value of subject matter for jurisdiction and court fees — Failure to state value renders plaint incompetent; Government party does not excuse requirement.
|
26 November 2024 |
|
A judgment deciding a limitation point suo motu without hearing parties is a nullity and must be quashed.
Civil procedure – right to be heard (audi alteram partem) – tribunal raising limitation suo motu in judgment without calling parties to address – decision without hearing is a nullity – quash and remit for rehearing.
|
26 November 2024 |
|
|
25 November 2024 |
|
Appeals against execution orders are incompetent; revision is the appropriate remedy for execution-related grievances.
Land Law - Appeal against execution order - Procedural irregularities in execution - Revision preferred over appeal.
|
25 November 2024 |
|
Suit dismissed as res judicata and for failure to serve mandatory 90‑day statutory notice to a government defendant.
Civil procedure – res judicata (Section 9 CPC) – dismissal for non‑appearance acting as final determination unless set aside; technical res judicata; Government Proceedings Act s.6(2) – mandatory 90‑day statutory notice to public authorities; proof of service as condition precedent to competent suit.
|
25 November 2024 |
|
The applicant's failure to aver service of mandatory 90‑day government notice renders the suit incompetent.
Government Proceedings Act s.6(2) – mandatory 90‑day pre‑action notice to Attorney‑General and government entity – must be expressly averred in the plaint
Pleading requirements – annexures cannot substitute for a clear averment of statutory compliance
Land Registration Act s.102 – 30‑day notice to Registrar applies only where there is a written decision, order or act by the Registrar
Jurisdiction – absence of a specific statute ousting jurisdiction means the High Court may entertain reliefs even if administrative in nature
|
25 November 2024 |
|
A lawful settlement lodged in court is recorded as a consent judgment, binding the applicant and respondent to its terms.
Civil procedure – Consent judgment – Recording and incorporation of deed of settlement under Order XXIII r.3 CPC
Settlement – Effect and binding nature of recorded Deed of Settlement – bars subsequent suits arising from same cause of action. Contractual terms recorded – rent payment obligation, conditional purchase option, termination on non‑payment, vacatur obligation
Costs – each party to bear its own costs
|
25 November 2024 |
|
High Court set aside tribunal’s plot‑exchange remedy, declared the appellant owner, ordered vacation, and increased damages to TZS 10,000,000.
Land law — certificate of title as prima facie evidence of ownership; jurisdictional limits of Land Disputes Courts — exchange of plots as remedy; civil procedure — competency of appeal where decree not annexed but available on record; abuse of process — concurrent bill of costs and appeal; tort — trespass and assessment of general damages.
|
25 November 2024 |
|
Consent judgment records plaintiff as rightful owner, orders transfer, partial land surrender and registration adjustments.
Land law – Ownership dispute over registered title – Consent judgment following mediation – Order for transfer of possession and registration adjustments. Survey and registration – Commissioner for Lands and Director of Mapping and Survey required to cooperate in surveying, boundary adjustment and re-registration
Settlement – Plaintiff’s partial surrender of 74.13 sqm to another defendant; waiver of costs and recording of settlement in land records
|
25 November 2024 |
|
An advocate who attested an affidavit cannot thereafter represent that party in the same proceedings; application struck out.
Notaries Public and Commissioners for Oaths Act s.7 – advocate who attests affidavit barred from representing that party in same proceedings; attestation renders commissioner a potential witness; mandatory statutory bar not cured by overriding objective.
|
25 November 2024 |
|
Appeal dismissed; tribunal’s jurisdiction, ownership finding and decree upheld; administratrix’s claim sustained.
Land law – limitation period and accrual of cause of action for recovery of land; Evidence – proof of ownership, credibility and locus in quo inspection; Pleadings – sufficiency of property description; Locus standi – administrator’s capacity to sue; Decree – clarity and executability; Procedural irregularity – clerical error vs substantive defect.
|
25 November 2024 |
|
Appellate court set aside tribunal decision and remitted the matter for retrial to consider force majeure and re-evaluate evidence.
Land law – Contract frustration/force majeure – Government directive altering market conditions; Civil procedure – framing of issues and discretion to consider issues arising by implication; Evidence – requirement for tribunal to evaluate and analyze credibility and relevance; Remedy – setting aside defective judgment and ordering retrial.
|
25 November 2024 |
|
Extension of time denied where applicant failed to account for delay and show arguable illegality in impugned judgment.
Civil procedure – extension of time – application under AJA s.11(1) – whether technical delay and clerical error by Deputy Registrar justify enlargement of time. Withdrawal of appeal – effect of withdrawal without leave to re-file – applicability of Order XXIII Rule 1 CPC to Court of Appeal proceedings
Law of Limitation – exclusion of time spent prosecuting other proceedings (s.21(2) LLA) – requirement to account for each day of delay. Requirement to show diligence and arguable illegality to obtain extension of time
|
25 November 2024 |
|
Interim injunction refused where applicant failed to prove irreparable, non‑compensable loss and cumulative Atilio requirements.
Injunctions – interlocutory relief – Atilio v Mbowe test (triable issue, irreparable loss, balance of convenience) – irreparable loss must be non-compensable by damages – proof of triable issue by affidavit under Order XXXVII r.1 – public road designation contested.
|
25 November 2024 |