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Citation
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Judgment date
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| November 2024 |
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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.
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25 November 2024 |
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Appeal dismissed: no proof of joint matrimonial ownership; mortgagee validly relied on mortgagor’s spouse-consent; no prejudice from procedural change.
Family law – Matrimonial property – Proof of joint acquisition under Law of Marriage Act s.114(1) – need for documentary evidence of contribution. Land law – Mortgagee’s duty under Land Act s.114(3) – reliance on mortgagor’s affidavit/spouse consent and discharge of further investigation duty. Civil procedure – Change of presiding officer – Order XVIII r.10 CPC and s.45 Land Disputes Courts Act – procedural irregularity not ground for reversal absent failure of justice
Evidence – burden to prove ownership and rebut mortgage documentation
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25 November 2024 |
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Court granted extension to restore suit after wrong-registry filing, imposing conditional payment to respondent.
Extension of time – restoration application – filing in wrong registry as technical delay – accounting for delay – conditional payment to respondent to compensate inconvenience.
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22 November 2024 |
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The respondent’s land recovery claim was time‑barred by the appellants’ adverse possession exceeding 12 years.
Limitation of actions – Land recovery – Item 22 Part I, Law of Limitation Act – accrual of action under s.9(2) – adverse possession elements – when possession bars recovery after 12 years.
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22 November 2024 |
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Land tribunal had jurisdiction to determine unlawful eviction claims and award related damages; appeal dismissed and costs awarded.
Land law – unlawful eviction – civil remedies and damages for loss arising from eviction; Jurisdiction – pecuniary jurisdiction of District Land and Housing Tribunal determined by pleaded value; Evidence – admissibility of documents under GN 173 permitting production during hearing; Procedural law – functus officio limitation does not bar re‑admission of a correct original document before conclusion of hearing; Contract/tenancy – written tenancy agreement as basis for protection against eviction
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22 November 2024 |
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Applicant failed to provide sufficient reasons or supporting evidence for delay; extension of time refused.
Extension of time – requirement to show sufficient reasons and account for each day of delay – absence of supporting documents (passport, power of attorney, medical report, donee's affidavit) – application dismissed.
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22 November 2024 |
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The applicant's claim was dismissed as res judicata due to a prior in rem ownership judgment; non-joinder noted.
Civil procedure — Res judicata — Earlier judgment in rem declaring ownership — Subsequent suit barred under section 9 Civil Procedure Code. Civil procedure — Non-joinder — Registrar of Titles as necessary party — effect is incompetence and striking out
Remedy — Dismissal for res judicata takes precedence over striking out for non-joinder; costs: each party to bear own costs
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21 November 2024 |
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A Deed of Settlement restructuring mortgage was adopted as a consent judgment; securities remain until full payment and default triggers acceleration.
Civil procedure – Consent judgment – Parties’ Deed of Settlement recorded and adopted as court decree – enforceability of settlement terms. Security law – Mortgage, debenture and guarantees to remain in force until full payment despite restructuring
Contract/enforcement – Acceleration/default clause enforceable on default permitting sale and execution without further proceedings
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21 November 2024 |
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21 November 2024 |
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An appeal against the Registrar's mere intention to rectify land titles is premature and was struck out with costs.
Land Registration Act – appealability – Section 102: appeal lies against a decision, order or act of the Registrar; intention to rectify is not appealable. Section 101: requirement for written decision/order and reasons. Procedural fairness – right to be heard (section 99) not finally adjudicated where no written act/decision exists
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21 November 2024 |
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A breach-of-lease claim seeking only monetary reliefs without possessory or usage rights is not a land dispute for the Land Division.
Land jurisdiction — scope of 'matters concerning land' — lease disputes — distinction between claims seeking possessory/usage rights and pure monetary claims for breach of lease — jurisdictional allocation between High Court (Land Division) and district courts (Land Act s.107).
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20 November 2024 |
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Revision challenging tribunal jurisdiction and denial of hearing dismissed; sale executed after proceedings and objection hearing foreclosed revision.
Land law – Revision under Land Disputes Courts Act – Pecuniary jurisdiction of Ward Tribunal – timing and proof of property valuation (sale agreement vs valuation report) – Right to be heard – objection proceedings as avenue to be heard – Proper remedy after objection proceedings – Alleged reliefs not prayed for.
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20 November 2024 |
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20 November 2024 |
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20 November 2024 |
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19 November 2024 |
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Extension of time granted: time spent on a struck-out but timely suit constituted technical delay, justifying relief.
• Limitation law – extension of time under section 14(1) Law of Limitation Act – requirement to show reasonable or sufficient cause. • Procedural law – technical delay: time spent prosecuting a struck-out but timely instituted suit can justify extension. • Jurisdiction – striking out of earlier suit does not render the court functus officio as to subsequent applications. • Illegality – alternate ground unnecessary once technical delay established.
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19 November 2024 |
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19 November 2024 |
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Applicant's exclusion from eviction proceedings and DLHT’s overreaching execution order vitiated the proceedings; revision granted.
Land law – execution of decree – scope of executing court – executing court must not go behind or alter decree; Civil procedure – revision under s.43 Land Disputes Courts Act and s.95 CPC – apparent error on the face of record; Natural justice – right to be heard – necessary party/joinder where co-owner has direct interest; DLHT procedures – eviction orders and limits of execution.
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19 November 2024 |
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Eviction/demolition notices by an unappointed executor on parcels not named in the decree were invalid; buildings not liable for demolition.
Objection proceedings (Order XXI r.57 CPC) – execution of decree – appointment of court broker/executor – requirement for clear description of immovable property in plaint/decree – protection of non-parties with interest in property against improper attachment or eviction.
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19 November 2024 |
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Appeal dismissed with costs for being filed two days outside the statutory 45‑day appeal period.
Appeals — Limitation — statutory 45‑day appeal period under s.41(2) Land Disputes Courts Act — failure to apply for extension of time — Law of Limitation Act s.3(1) mandates dismissal of time‑barred proceedings.
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19 November 2024 |
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An appeal omitting a party to the original proceedings is incompetent and was struck out for violating the right to be heard.
Civil procedure – Appeal competency – Omission of a party from appeal; Natural justice – audi alteram partem; Right to be heard; Appeal struck out where an original party omitted.
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19 November 2024 |
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A ward tribunal secretary’s participation in hearings as a member renders the tribunal’s decision illegal and void.
Local government law – Ward Tribunal composition – Secretary is an employee and not a tribunal member; participation in adjudication vitiates proceedings. Procedural law – irregular tribunal composition – decision signed/endorsed by non-member is illegal and null. Appellate duty – District Land and Housing Tribunal must correct trial tribunal composition defects on appeal
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19 November 2024 |
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Secretary's participation in Ward Tribunal proceedings vitiated the decision; appellate court must correct such composition irregularity.
Ward Tribunal composition – participation of secretary – secretary is not a member under s.4 of the Ward Tribunal Act – participation vitiates decision; appellate duty to correct irregularity; quash and set aside proceedings; fresh filing permitted.
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19 November 2024 |
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Suit enforcing a loan secured by land struck out for lack of Land Division jurisdiction and defective verification clause.
Jurisdiction – Division of High Court – whether enforcement of a commercial loan secured by land constitutes a land dispute; Civil Procedure – Order VI, Rule 15(2) – mandatory verification of each paragraph of pleadings; Procedural law – substantive defects in verification not curable by overriding objective; Forum non conveniens within High Court divisions.
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18 November 2024 |
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Appeal allowed: tribunal judgment set aside for reliance on unfiled counterclaim, improperly admitted secondary evidence and hearsay.
Civil procedure – non-joinder – removed party after compromise does not automatically render appeal incompetent. Civil procedure – counterclaim – relief cannot be granted on a counterclaim not formally pleaded or filed
Evidence – secondary evidence/photocopy – procedural requirements must be complied with when admitting secondary documents
Evidence – hearsay – testimony about ownership by a local leader is inadmissible hearsay absent corroboration or testimony from the owner. Pleadings and issues – tribunal must confine decision to framed issues; reliance on extraneous matters is procedural irregularity. Land law – occupation/priority – evidence of earlier sale and occupation establishes priority
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18 November 2024 |
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Applicant allowed to withdraw land application without costs because it was unserved and at an early stage.
Civil procedure – Withdrawal of application – Applicant’s right to withdraw vs respondent’s interest; unserved application; costs; Order XXIII Rules 1 and 2, Civil Procedure Code, R.E.2019.
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18 November 2024 |
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The plaintiff may withdraw an early-stage land suit without costs where non-joinder of a necessary party renders it incompetent.
Civil procedure – Withdrawal of suit – Plaintiff’s right to withdraw balanced against defendant’s interest – Non-joinder of necessary party (Registrar of Titles) – Discretion to order costs.
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18 November 2024 |
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Land dispute settled with defendant agreeing to pay TZS 350,000,000, resolving claims and withdrawing the suit.
Land law – Breach of memorandum of understanding – Ownership of property – Settlement and withdrawal of suit through consent order.
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18 November 2024 |
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Illegality from non-joinder justified extension of time for the applicants to file a revisional application (14 days).
Civil procedure — Extension of time — Illegality (non-joinder of necessary parties) as sufficient ground for extension. Civil procedure — Compliance with procedural orders — written submissions and reliance on pleadings. Land law — Determination of necessary parties in land proceedings and consequences of non-joinder
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18 November 2024 |
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Applicant permitted to withdraw application at an early stage; withdrawal allowed without an order as to costs.
Civil procedure – Withdrawal of proceedings – Applicant entitled to withdraw application at any stage – Court must balance applicant’s right with respondents’ interest in costs – Withdrawal allowed at early stage without order as to costs.
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18 November 2024 |
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The applicant's request to withdraw the application was granted, marked withdrawn with leave to refile and no costs ordered.
Civil Procedure – Application withdrawal – Right to withdraw an application – Consideration of costs incurred by respondents – Balance of rights and interests.
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18 November 2024 |
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Court records and gives effect to a deed of settlement resolving a boundary dispute, orders remedial works and re-survey, and withdraws the suit.
Civil procedure – Consent judgment – Recording of deed of settlement under Order XXIII r.3 – Boundary dispute – Specific performance by removal of structures and re-survey obligations – Settlement effective from lodgement date and binding on subsequent suits.
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18 November 2024 |
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Court upheld instruction fee but reduced transportation allowance due to insufficient documentation.
Advocates Remuneration Order – Taxation of costs – Whether Taxing Officer erred in principle; reasonableness of instruction fees; sufficiency of documentation for transportation allowances; limited judicial interference with taxation decisions.
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18 November 2024 |
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15 November 2024 |
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15 November 2024 |
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14 November 2024 |
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14 November 2024 |
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Inadequate, blanket description of unsurveyed suit land rendered the Tribunal’s proceedings and decision null and void.
Land law – Description of immovable property – Order VII Rule 3 CPC – Blanket/approximate description insufficient – Unsurveyed land requires boundaries – Defect renders proceedings/decision null and void – Revision under s.43 Land Disputes Courts Act.
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14 November 2024 |
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A land court lacks jurisdiction to grant administrative orders compelling delivery of a certificate of title; suit struck out.
Jurisdiction – Land Division – Whether administrative/prerogative orders (compelling delivery of a certificate of title) fall within land court jurisdiction under s.3 LDCA and s.167 Land Act. Nature of relief – Administrative vs. land remedy – substance of the order determines cognizability. Mortgage/commercial character insufficient to convert administrative relief into a land dispute. Preliminary objection – lack of jurisdiction – striking out with costs
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13 November 2024 |
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Appellant’s title found improperly acquired; dismissal of ownership claim upheld but un‑pleaded surrender order quashed.
Land law — ownership dispute — certificate of title prima facie evidence but liable to be set aside if procured by fraud/encroachment; survey irregularities and municipal inquiry; appellate re-evaluation of evidence; courts must not grant un‑pleaded relief; surrender/revocation of title governed by Land Registration Act.
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13 November 2024 |
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Alleged forgery of spouse consent requires particular pleading, higher proof and police inquiry; appellant failed to discharge onus, appeal dismissed.
Land law – spouse consent for mortgage (s.114(1)(a) Land Act); civil procedure – allegation of forgery must be specifically pleaded with particulars; evidence – allegation of fraud/forgery requires higher standard of proof; evidence – court may compare disputed writings; probative effect diminished where alleged forgery not reported to police for forensic examination.
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12 November 2024 |
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Prima facie case shown but failure to prove irreparable harm led to dismissal of injunction application without costs.
Civil procedure – interlocutory injunction – application under s.68(e), s.95 and Order XXXVII Rules 1(a) & 2(1) CPC; Test for temporary injunction – Atilio v Mbowe: prima facie case, irreparable injury, balance of convenience; Applicant established prima facie triable issue but failed to prove irreparable harm; Sale and transfer to third party relevant to relief sought; Application dismissed without costs.
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12 November 2024 |
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A High Court dismissed a revision as time‑barred where the applicant delayed challenging an ex‑parte consent judgment.
Land law – Revision of Tribunal decisions – competency and limitation period for filing revision; District Land and Housing Tribunal Regulations 2003 – Regulation 11(2) – time limit to apply to set aside ex‑parte orders; Limitation – Law of Limitation Act, Cap 89 – dismissal of matters filed out of time; Consent judgments and execution – effect of delayed challenges to ex‑parte/consent orders.
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12 November 2024 |
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8 November 2024 |
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Extension of time granted for revision due to technical delay and denial of right to be heard.
Land law – extension of time to file revision; technical delay – prosecution of related proceedings in wrong forum; Law of Limitation Act s.21(1) – exclusion of time; illegality/denial of right to be heard as sufficient cause; affidavit formalities – joint jurat and hearsay; preliminary objections – form versus substance.
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8 November 2024 |
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Delay in obtaining court copies constituted sufficient cause to grant a 14‑day extension to file the appeal.
Extension of time – Law of Limitation Act s.14(1) – discretion to grant extension – requirement of sufficient cause. Procedural delay – failure to obtain copies of ruling – sufficiency of explanation for delay. Civil procedure – extensions to file appeals – costs to follow event
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8 November 2024 |
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An application supported by an affidavit sworn by a non-applicant and merely verified by applicants is defective and struck out with costs.
Civil Procedure — Chamber summons — affidavit requirement (Order XLIII r 2) — Verification of pleadings/affidavits (Order VI r (1) & (3)) — Affidavit sworn by non-applicant and verified by others without joint affidavit designation is defective — Defective affidavit renders application incompetent; struck out with costs.
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6 November 2024 |
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A contractual dispute over building construction is not a land dispute; Land Division lacks jurisdiction, suit struck out.
Land law — Jurisdiction of High Court Land Division — Nature of 'land dispute' — Contract for construction/occupation does not necessarily create a land dispute — Court must determine jurisdiction at outset — Limitation point not decided once lack of jurisdiction established.
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6 November 2024 |
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Mareva injunction dismissed as constructive res judicata because prior final judgment adjudicated the same land title.
Res judicata — constructive res judicata where title previously adjudicated; Paniel Lotta five‑condition test; functus officio; Mareva injunction barred by prior final judgment; interplay with Order XXI r.62 and statutory 90‑day notice.
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5 November 2024 |
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Appeal held time-barred though court granted 45 days to file appeal so the dispute may be heard on merits.
Land law – appeals from Ward Tribunals – limitation periods – effect of repeal of Section 20 of LDCA – application of Law of Limitation Act where lacuna exists. Civil procedure – time bar – distinguishing precedent (Nsenso Mwandu). Overriding principle – exercise of judicial discretion to permit filing of appeal for substantive justice
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1 November 2024 |