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Citation
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Judgment date
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| December 2024 |
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Appellant failed to prove payment or forgery; tribunal correctly preferred the clearer written agreement and judgment is upheld.
Land law – sale agreement – competing written agreements – credibility of documents – payment terms; Evidence – burden of proof under s.110 and s.111 Law of Evidence Act; Allegation of forgery – requires documentary proof or criminal action; Appellate review – interference only where tribunal misdirected or evidence improperly evaluated.
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10 December 2024 |
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Extension of time granted where tribunal clerical errors caused delay and the applicant accounted for the period of delay.
Civil procedure – Extension of time – Good cause – Whether clerical errors in tribunal records and subsequent correction constitute sufficient cause to extend time under s.41(2) Land Disputes Courts Act – Applicant's duty to account for delay.
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10 December 2024 |
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Extension of time granted where tribunal clerical errors caused delay beyond the applicant's control.
Civil procedure — Extension of time — 'Good cause' is relative and fact-specific — Applicant must account for delay. Clerical errors in tribunal documents — withdrawal and correction of ruling may constitute reasons beyond applicant's control justifying extension. Exercise of judicial discretion — granting leave to file appeal out of time where delay satisfactorily explained
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10 December 2024 |
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Tribunal's trespass finding and TZS 2,000,000 award against the appellant affirmed; non-joinder and assessor disagreement not fatal.
Land law – trespass/encroachment – sufficiency of description under Land Disputes Tribunal Regulations (GN 174 of 2003) – application not incompetent
Evidence – appellate scrutiny – trial chairperson may depart from assessors' opinion but must give reasons. Civil procedure – non-joinder of co-purchaser – not automatically fatal where no prejudice shown and matter can be determined between parties present
Relief – award of compensation upheld where not challenged
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10 December 2024 |
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Applicant failed to produce credible evidence to rebut presumption of service by newspaper; appeal dismissed.
Land procedure – application to set aside ex parte judgment; sufficiency and credibility of evidence to rebut service by publication; presumption of service via newspaper (Order V, Rule 20(1)); limits on appellate interference with discretionary rulings (Mbogo principle); right to be heard—requires corroborative proof when non‑appearance is alleged.
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10 December 2024 |
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Affidavits lacking a jurat and proper attestation are incurably defective and render the application incompetent.
Civil procedure — Affidavits — Jurat of attestation essential; absence renders affidavit inadmissible — Attestation requires clear identification of administering authority (seal/stamp) — Defective verification clauses may be amendable but amendment must be sought proactively — Cumulative substantive defects render application incompetent.
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10 December 2024 |
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Execution by arrest struck out for lack of prior execution attempts, wrong form, and absence of drawn order.
Civil Procedure — Execution by arrest and detention — Order XXI Rule 39(2) — requirement to evidence failed attempts of other execution modes or dishonest conduct; Procedure — Form of application — execution applications seeking exceptional relief should be by chamber summons supported by affidavit where statute is silent; Execution documents — drawn order required for execution proceedings, certificate of taxation not a substitute.
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10 December 2024 |
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Extension of time denied where applicant failed to account for delay, showed negligence, and alleged illegality was unpleaded and not apparent.
Extension of time – section 14 Law of Limitation Act; requirement to account for every day of delay (Bushiri); Lyamuya principles for extension (diligence, inordinate delay, negligence, points of law/illegality); illegality must be pleaded and apparent on face of record (Devram Valambia); submissions cannot substitute affidavit.
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10 December 2024 |
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The plaintiff’s counterclaim over the same land is res judicata and is struck out against the government defendants.
Civil Procedure – Res judicata – matter directly and substantially in issue previously decided; constructive res judicata where successor litigates under same title; section 9, Civil Procedure Code (Cap 33). Land law – declaration of ownership; prohibition on relitigation of land rights
Pleading – counterclaim incompetence and strike out
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10 December 2024 |
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An out-of-court settlement transferred 30 acres to the respondent; respondent lacked proof of directorship; applicant owns remaining 29 acres.
Company law – proof of directorship and shareholding (MEMART, share certificate, BRELA registration); Property law – effect and enforceability of out-of-court deed of settlement conveying land; Reliefs – partial grant declaring applicant owner of remaining parcel; costs each party to bear.
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10 December 2024 |
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Court records deed of settlement as consent judgment restructuring secured loan and authorizing enforcement on default.
Civil procedure — Consent judgment — Recording and adopting a Deed of Settlement under Order XXIII r.3 CPC; secured loan restructuring; enforcement rights on default including sale of securities and attachment of directors’ assets; consent decree binding successors.
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10 December 2024 |
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Applicant failed to show triable issues or sufficient facts to obtain leave to defend a summary land suit.
Land law – summary proceedings – leave to defend under Order XXXV r.3(1)(b) – requirement to disclose sufficient facts to raise a triable issue – set‑off and counterclaim – sham or illusory defences – jurisdictional challenge to Land Division – effects of COVID‑19 and coercion as pleaded defences.
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10 December 2024 |
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Mediated settlement recorded as consent decree: plaintiff waives claims; payment plan with landlord/lender power of sale on default.
Land — Consent judgment — Mediation settlement recorded under Order VIII Rules 33(a) and 34 — Compromise waivers of claims and counterclaims — Payment schedule and default clause — Lender’s power of sale exercisable without further court process on default — Discharge of securities on full payment.
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10 December 2024 |
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Failure to state the landed property's value in the plaint breached jurisdictional and court-fee requirements, warranting striking out.
Civil procedure — Preliminary objection — Requirement under Order VII Rule 1(i) CPC to state value of subject matter for jurisdiction. Land law — Valuation — Mesne profits or loss claims do not replace valuation/express approximation of property value. Court fees — Rule 4, G.N. 247/2018 requires disclosure of property value to assess fees; Registrar acceptance does not cure statutory non-compliance. Preliminary objections — Pure points of law may be decided without adducing evidence of disputed facts
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10 December 2024 |
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Tribunal correctly found the respondent owned the business booths; the appellant's appeal is dismissed.
Land law – ownership of structures on public land – proof of ownership and effect of tenant/rental admissions. Civil procedure – jurisdiction of District Land and Housing Tribunal – jurisdiction deduced from pleadings; contractual disputes within tribunal's mandate. Contract law – privity of contract – a stranger to contract cannot sue on its terms
Evidence – burden of proof (s.112 Evidence Act) and adverse inference for failure to call material witnesses
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10 December 2024 |
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Respondent’s widowhood and long uninterrupted possession established locus standi and ownership; appeal dismissed.
Land law – ownership of unsurveyed land – widow’s inheritance interest and long uninterrupted possession as evidence of legal interest. Civil procedure – locus standi – requirement to demonstrate a legally recognisable interest in land disputes
Evidence – evaluation of witness credibility, burden of proof, and weight of documentary and possession evidence
Procedure – role and effect of locus in quo visits in clarifying boundary and possession issues
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10 December 2024 |
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Applicants must account for each day of delay and produce evidence to justify an extension of time.
Limitation Act s14(1) – extension of time – requirement to show sufficient cause and to account for each day of delay; Evidence Act s110 – need for proof supporting claims of prolonged illness or incapacity; financial difficulty and sympathy are not sufficient grounds for extension.
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10 December 2024 |
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Applicant failed to show sufficient cause for extension of time under section 93 CPC; application dismissed with costs.
Civil procedure — Extension of time under section 93 CPC — Applicant must account for each day of delay and show diligence (Lyamuya criteria); Technical/e-filing difficulties — party facing technical problems should seek informal/ex parte relief under Electronic Filing Rules (Rule 24(5)–(6)); Negligence or sloppiness by applicant/advocate is not sufficient cause to enlarge time.
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6 December 2024 |
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Applicant failed to show sufficient cause for extension of time; 43-day delay was inordinate and application dismissed with costs.
Civil procedure – extension of time – section 93 CPC – discretionary relief subject to Lyamuya criteria (account for each day; non-inordinate delay; diligence; other sufficient reasons). Electronic filing – Judicature and Application of Laws (Electronic Filing) Rules 2018 – Rule 24(5)-(6) provides Registrar relief for missed deadlines due to technical problems. Procedural compliance – failure to account for each day of delay and mere negligence are insufficient to obtain extension of time
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6 December 2024 |
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A prior extension does not bar a subsequent extension; res judicata/functus officio inapplicable; matter remitted for merits.
Civil procedure – Extension/enlargement of time – Section 93 Civil Procedure Code – court’s discretion to enlarge time even after expiry; Res judicata and functus officio – inapplicability where prior extension was granted and subsequent application arises from events after the grant; Preliminary objection – appropriate plea is abuse of court process if well grounded; Remittal for merits consideration.
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6 December 2024 |
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Where over one-sixth of a bill is disallowed, the party presenting it is not entitled to taxation costs; reference granted.
Advocates Remuneration Order 2015 (Order 48) – where more than one-sixth of a bill of costs exclusive of court fees is disallowed, the party presenting the bill is not entitled to the costs of taxation. Civil procedure – preliminary objections – failure to prosecute results in dismissal. Courts will not entertain relief or prayers raised orally if not pleaded in the chamber summons or supporting affidavit
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6 December 2024 |
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The applicants failed to prove lawful allocation or title to the disputed plots; suit dismissed.
Land law — proof of title and allocation — certificate of occupancy required for statutory allocation; Memorandum of Understanding not a grant of right of occupancy; contradictory pleadings and absence of sale documentation undermine claim; alleged double allocation (CT 28830 vs CT 43939).
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6 December 2024 |
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Appellant failed to discharge burden of proof; Tribunal rightly preferred respondent's documentary and oral evidence.
Land law – ownership disputes – burden of proof in civil cases; evaluation of oral and documentary evidence; admissibility and weight of un‑pleaded documents; appellate review of Tribunal fact‑finding.
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6 December 2024 |
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Executing tribunal unlawfully varied the decree by accepting payment after eviction; High Court quashed those orders and remitted the record.
Land law – execution of decree – executing tribunal must adhere to the original judgment and mode of execution; variation of decree by execution proceedings unlawful. Civil procedure – execution reports – chairman must specify deficiencies in reports and act consistently with the decree. Revisional jurisdiction – High Court under s.43 may quash irregular or unlawful tribunal orders and remit records for proper execution. Procedural fairness – acceptance of post-eviction payment contrary to decree raises irregularity and miscarriage of justice
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6 December 2024 |
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6 December 2024 |
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Extension of time granted to file revision where delay was accounted for and an illegality on the face of the record existed.
Limitation Act s.14(1) – extension of time; accrual of time counted from striking out of prior application; exclusion of days spent pursuing struck‑out application; illegality as ground for extension – Lyamuya test; distinction between ownership (matter of proof) and illegality apparent on face of record; revision remedy where preliminary ruling declares ownership of a non‑party.
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5 December 2024 |
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Court struck out plaintiff's suit as functus officio because it duplicated a previously struck out matter.
Civil procedure – functus officio – court barred from entertaining a refiled or duplicate plaint previously struck out for lack of jurisdiction
Jurisdiction – High Court registries and administrative transfer – transfer does not cure functus officio where pleadings are identical to a struck out suit
Procedure – preliminary objection – effect of prior suo motu jurisdictional ruling on subsequent proceedings
Remedies – refiling after amendment; discretionary waiver of court fees by Deputy Registrar in cases caused by internal judicial arrangements
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5 December 2024 |
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Execution application failed because the decree did not grant appellants any specific, executable ownership or possession rights.
Civil procedure – execution – decree in appeal must clearly specify reliefs granted to be executable; execution must tally with the decree. Natural justice – right to be heard (audi alteram partem) – tribunal record showed parties were heard. Land law – ownership dispute – quashing a judgment does not automatically vest ownership in another party absent an affirmative order to that effect
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5 December 2024 |
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Application to set aside dismissal was time-barred and struck out; non-filing of counter-affidavit limits respondent to legal points.
Civil Procedure – restoration of suit – dismissal for want of prosecution at Final PTC – restoration governed by Order IX and 30-day limitation under Law of Limitation Act (Part III Item 4)
Limitation – Section 19(5) Law of Limitation Act – exclusion of time for obtaining proceedings requires proof of necessity and efforts; not automatic. Procedural law – failure to file counter-affidavit waives factual contest; party may argue points of law only
Requirement – applicant should seek extension of time where technical delay is relied upon before applying to set aside dismissal
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5 December 2024 |
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Refiling a stay application after prior dismissal is barred by res judicata and is an abuse of court process.
Civil procedure – Res judicata – Section 9 CPC – dismissal as conclusive determination; abuse of court process – refiling identical stay application barred; preliminary objection – procedural defect (PO filed before counter-affidavit) curable where no prejudice; stay of execution – cannot be re-litigated once prior stay applications were finally dismissed unless dismissal set aside.
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4 December 2024 |
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Appeal allowed: tribunal’s execution ruling quashed for improper execution; new court broker ordered to implement original decree.
Execution of decree — duty of executing officer/court broker to implement decree as framed; executing court’s obligation not to go behind decree but to ensure proper execution; locus in quo inspection where execution compliance disputed; power to appoint/replace court broker; procedural fairness in execution proceedings.
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4 December 2024 |
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Extension of time granted due to applicant's incarceration; vague preliminary objection on law citation overruled.
Extension of time – discretionary relief – sufficient cause – incarceration as ground for delay; Delay not inordinate when applicant filed promptly after obtaining legal assistance; Preliminary objection – vague allegation of wrong citation of law does not automatically render application incompetent; Court’s duty to determine merits despite citation errors.
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3 December 2024 |
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Temporary injunction granted to restrain auction where prima facie title dispute and risk of irreparable harm to applicant exist.
Land law – temporary injunction to restrain auction – prima facie title dispute where certificate of title alleged to be fraudulently obtained – Atilio v Mbowe tests (triable issue, irreparable harm, balance of convenience). Mortgage enforcement – bank’s right to realize security weighed against occupant’s risk of losing residence. Damages as alternative remedy vs irreparable loss of home
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3 December 2024 |
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Extension of time and setting aside of striking-out order granted where delay was accounted for and affidavits uncontroverted.
Extension of time — section 14(1) Law of Limitation Act; application of Lyamuya guidelines (account for delay, diligence, inordinate delay); Order VIII r.20(1)(b) CPC — setting aside striking out of pleadings; uncontroverted affidavits deemed admitted; restoration of written statement of defence.
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3 December 2024 |