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Citation
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Judgment date
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| February 2024 |
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Taxation reference dismissed for being filed after 21 days without proven exclusion or leave.
Advocates Remuneration Order – Order 7(2) – Taxation Reference time limit; Law of Limitation Act s.19(4) – exclusion for time obtaining copies; requirement to prove supply with stamped/dated records; Order 8(1) – extension of time; dismissal under s.3 and s.46 LLA.
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29 February 2024 |
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29 February 2024 |
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Dismissal on first mention without allowing the appellant to reply breached the right to be heard; order quashed.
Land tribunal – Preliminary objection – Dismissal on first mention – Right to be heard (audi alteram partem) – Rule against surprise – Res judicata and locus standi – Procedural fairness – Quashing and remittal for rehearing.
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29 February 2024 |
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Ward Tribunal lacked adjudicatory jurisdiction after amendment and respondent lacked authority to sue without probate.
Land law — Jurisdiction of Ward Tribunal post-amendment — Section 13 Cap 216 as amended by Written Laws (Misc. Amendments) Act No.3/2021; Ward Tribunal limited to mediation and issuing certificate. Succession and representation — Locus standi — Requirement of grant of probate or letters of administration under Probate and Administration of Estates Act (Cap 352) to sue on behalf of deceased.
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29 February 2024 |
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Court granted interim injunction restraining eviction, finding prima facie case, irreparable loss, and balance of convenience favours the applicant.
Land law – interim injunction to restrain eviction – application governed by Atilio v Mbowe criteria (prima facie case, irreparable loss, balance of convenience). Interlocutory relief – ownership disputes should not be decided at interlocutory stage; merits to be determined in main suit. Irreparable harm – loss of home and psychological injury may justify temporary injunctive protection. Remedies – respondents can be compensated by mesne profits or damages if ultimately successful.
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29 February 2024 |
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Defective locus in quo visit vitiated the judgment; proceedings from the site visit quashed and matter remitted for proper trial.
Land law; survey disputes — necessary-party joinder of a municipal surveying authority — locus in quo visits — mandatory procedures for site inspection; failure to reassemble and read notes vitiates proceedings — remittal for retrial.
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29 February 2024 |
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The appellant failed to prove the land was estate property; appeal dismissed for lack of proof.
Probate and administration – scope of estate assets – necessity of probate record or evidence to show land formed part of deceased's estate before challenging dispositions. Validity of sale instruments – signatures and thumbprints; evidentiary weight where vendor's signature is missing or unclear. Procedure – role of probate court and requirement to seek probate remedies before civil claims on estate property. Good title of purchaser where vendor participation and authority are in dispute.
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29 February 2024 |
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Tribunal correctly found joint ownership and voided sale for lack of co‑owner consent.
Land law – co‑ownership and matrimonial property – presumption of marriage supporting joint ownership. Evidence – weight and credibility of vendor and attesting witnesses; admissibility/role of sale agreement (exhibit P1). Civil procedure – nullification of sale for lack of consent by co‑owner; appellate review of factual findings.
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29 February 2024 |
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Extension of time granted for filing appeal due to technical delay from defective certificate and late records.
Appeal — extension of time under s.11(1) AJA — Lyamuya factors — technical delay due to defective certificate of delay and late supply of tribunal records — diligence in withdrawing incompetent appeal — affidavit by advocate where authorization not denied.
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29 February 2024 |
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Court granted six-month interim injunction over disputed land pending trial, finding prima facie case and irreparable harm.
Land law – interim injunction – application of Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience; joint counter-affidavit verification – curable under s.3A CPC; dispute as to Certificate of Occupancy versus village lease.
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29 February 2024 |
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A compensation claim arising from land acquisition was held time‑barred for lack of pleaded exemption and dismissed.
Limitation law – compensation for acquisition of land subject to one‑year limitation (Law of Limitation Act Cap 89 Schedule Part I item 1) – pleadings determine nature of claim – Order VII Rule 6 requires pleaded grounds for exemption – out‑of‑court negotiations or tribunal transfers do not suspend limitation.
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29 February 2024 |
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Tribunal's suo motu judgment on admission without hearing violated right to be heard; judgment quashed and matter remitted for retrial.
Land procedure – District Land and Housing Tribunal Regulations v. Civil Procedure Code – Tribunal may be guided by contents but must observe CPC procedures where applicable. Civil procedure – Written Statement of Defence – evasive/general denials; Order VIII Rules 3 & 4; consequences of failure to specifically deny material allegations. Civil procedure – Judgment on admission – requirements under Order XII; party entitled to notice and opportunity to be heard before such judgment is entered. Constitutional law – Right to be heard (Article 13(6)(a)) – suo motu determinations affecting rights without hearing render proceedings a nullity. Remedy – Quashing and remittal for retrial before different tribunal members.
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28 February 2024 |
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Interim injunction granted to restrain eviction pending resolution of a disputed land ownership and irreparable-harm findings.
Land — Interim injunction restraining eviction — Prima facie dispute over ownership and/or trespass — Irreparable loss (loss of home, psychological harm) — Balance of convenience — Atilio v Mbowe criteria applied.
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28 February 2024 |
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28 February 2024 |
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An applicant must account for all delay; an unexplained 13‑day delay warranted dismissal of the extension application.
Civil procedure – extension of time – application to set aside ex‑parte judgment – applicant must account for all delay and show sufficient cause; even short unexplained delay may justify refusal. Evidence – proof of follow‑ups and timely collection of court rulings relevant to explaining delay. Precedents – Benect Mumello v. Bank of Tanzania; Bushiri Hassan v. Latifa Lukio Mashayo.
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28 February 2024 |
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Whether alleged power of attorney and sale documents validly transferred title to the appellants.
Land law – proof of title – alleged power of attorney and sale documents – authenticity and admissibility – Section 9 Registration of Documents Act – administrator’s representative evidence (Section 99 Probate and Administration of Estates Act) – failure to call key witnesses undermining proof.
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28 February 2024 |
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Appeal dismissed: trial tribunal correctly preferred respondent’s original sale agreement and validly concluded proceedings with one remaining assessor.
Land law – ownership dispute – evaluation of competing oral and documentary evidence – weight of original sale agreement versus alleged lost agreement and police loss report. Evidence – requirement to prove mode of payment and relevancy/consistency of documentary exhibits. Civil procedure – assessors – s.23(3) Land Disputes Courts Act permits conclusion of proceedings with remaining assessor.
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28 February 2024 |
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Applicant failed to account for unexplained delay; extension to apply to set aside ex parte judgment denied with costs.
Extension of time – Section 14(1) Law of Limitation Act – application to set aside ex parte judgment – applicant must account for all days of delay – considerations from Bushiri, Lyamuya – failure to account for delay attracts dismissal.
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28 February 2024 |
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Court granted extension to file appeal, finding technical delay and prompt conduct constituted good cause.
Limitation law — Extension of time — Good cause — Technical delay from struck-out appeal — Diligence — Lyamuya principles applied.
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28 February 2024 |
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Dismissal for non-appearance set aside where counsel’s presence and credible explanation constituted sufficient cause.
Civil procedure – Order IX (setting aside dismissal for non-appearance) – requirement of good cause/sufficient reasons – presence in court premises and corroborating affidavits may suffice – distinction from rule that mere presence in corridors is not appearance.
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28 February 2024 |
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High Court may hear section 89(1) restitution application despite a separate Court of Appeal appeal not arising from the same decision.
Civil Procedure — Restitution under section 89(1) CPC — Jurisdiction of High Court despite pending Court of Appeal appeal where appeal does not originate from same decision; Preliminary objections — factual inquiry permissible at objection stage (Mukisa principle); Affidavit admissibility — paragraphs containing facts not inherently argumentative; Verification — affidavit by advocate proper when authorized.
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27 February 2024 |
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Land Law – Rectification of Land Register – Setting Aside Rectification Constitutional Law - Fundamental Rights and Freedoms – Right to a Fair Trial
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27 February 2024 |
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24 February 2024 |
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23 February 2024 |
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Court recorded parties' settlement as a consent judgment, enforcing payment, interest, collateral release and execution-on-breach terms.
Settlement / Consent Judgment – Deed of Settlement recorded and incorporated into judgment under Order XXIII Rule 3 CPC; enforcement of settlement terms; payment schedule and interest; release and sale of mortgaged collateral; execution on breach without notice.
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23 February 2024 |
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Sale of matrimonial home set aside for unlawful auction; spouse consent and mortgage deed found not proven forged.
Land law – spouse consent for mortgaging matrimonial home – requirement and proof; Evidence – forgery allegations in civil cases require higher standard and expert/primary evidence; Mortgage law – validity of mortgage deed where signature/initial irregularities alleged; Auction law – mandatory 14‑day local notice under Auctioneers Act s.12(2)/(3) and consequences of non‑compliance; Bona fide purchaser – purchaser's good faith v. pre‑arranged sale and constructive/actual notice.
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23 February 2024 |
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Sale by a vendor who had surrendered title was void; buyer not owner but awarded refund and substantial damages.
Land law — surrender of right of occupancy extinguishes vendor's title; sale by a vendor after surrender is void ab initio; prior objection proceedings and attachments conclusive on encumbrance; absent proof of valid survey allocation or re-transfer no title passes; purchaser who pays and develops property but purchases from an un-titled vendor entitled to refund, general and punitive damages, interest and costs (awarded against vendor).
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22 February 2024 |
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Temporary injunction granted after applicant showed triable issues, irreparable harm, and favorable balance of convenience.
Land – Temporary injunction – Application under Order XXXVII Rule 1(a) and XXXV Rule 2(1) CPC – Three‑part test: triable issue, irreparable harm, balance of convenience – Preservation of status quo pending main suit.
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22 February 2024 |
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An apparent illegality on the record can justify extending time to appeal, despite unexplained delay.
Civil procedure – Extension of time – Applicant must show good cause and account for each day of delay – Bushiri principle. Delay attributable to conduct of former advocate – requires proof and proper account of days. Extension may be granted where illegality apparent on face of record – Principal Secretary v Valambhia. Land Disputes Courts Act, s.41(2) – discretion to extend time to appeal.
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22 February 2024 |
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Extension of time granted where delay was technical (incompetent appeal withdrawn) and applicant acted promptly and diligently.
Civil procedure – extension of time under section 11 AJA – application of Lyamuya factors (account for delay, diligence, inordinate delay, existence of illegality). Technical delay vs actual delay – filing of incompetent appeal and withdrawal; Fortunatus Masha principle. Procedural irregularity (lack of proof of service of request for records) as ground for technical delay. Advocate’s negligence and applicant’s prompt remedying of defect relevant to exercise of discretion.
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22 February 2024 |
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Appeal dismissed: retrial post-amendment didn't require ward mediation; tribunal properly evaluated evidence; locus visit not mandatory.
Land law – retrial after appellate order – effect of Land Disputes Act amendment (section 13(4)/section 45 of Act No.3 of 2021) on referral to Ward Tribunal for mediation. Civil procedure – requirement of pleading – raising lack of mediation certificate belatedly on appeal. Evidence – appellate review of tribunal’s evaluation and credibility findings; inconsistencies in witnesses’ accounts. Procedure – locus in quo visits discretionary and require request or tribunal initiative; failure to visit not automatically reversible.
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22 February 2024 |
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The respondent proved ownership; the applicant’s mortgage failed due to prior sale and defective, inconsistent documents.
Land law – ownership dispute – proof of title and priority of transactions – sale v. subsequent mortgage; evidence authenticity and alleged document doctoring; buyer’s due diligence (caveat emptor) and bank’s KYC obligations; standard of proof on balance of probabilities.
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22 February 2024 |
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Suit struck out for failure to serve mandatory 90‑day statutory notice and to produce proof of service.
Government Proceedings Act (Cap 5 R.E.2019) – Section 6(2) – mandatory 90 days' notice before suing government – requirement to attach proof of service and receipt – notices served after filing do not comply – failure to comply renders suit incompetent.
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22 February 2024 |
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Taxing officer must apply prescribed cost scales; applicant's challenge reduced excessive instruction and drafting fees.
Advocates' remuneration – taxation of bill of costs – limits of taxing officer’s discretion under Advocates Remuneration Order GN. No. 264/2015; instruction fees – reasonableness and proportionality to claim value and case complexity; attendance fees – assessment against prescribed scale; drawing documents – statutory scale for pleadings; taxation aims to reimburse not enrich decree holder.
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22 February 2024 |
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Appellant failed to prove ownership or adverse possession; respondent’s stronger chain of title justified Tribunal’s declaration of ownership.
Evidence — burden and standard in civil land disputes — burden lies on party alleging ownership; proof on balance of probabilities. Land law — adverse possession — requirement to prove continuous possession of the specific disputed parcel for statutory period. Title evidence — importance of clear chain of title and correct identification of parcel location. Civil procedure — tribunal may determine ownership between parties on evidence even without a counterclaim when framed issues require such determination.
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21 February 2024 |
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Whether illness and a mention-day ruling justify setting aside a dismissal for want of prosecution.
Land procedure — Restoration of suit dismissed for want of prosecution — Proof of good cause — Sufficiency and particulars required in medical evidence — Finality of dismissal where applicant fails to show credible excuse; Procedural irregularity — dismissal on a day fixed for mention — whether prejudice caused.
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21 February 2024 |
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Tribunal erred in dismissing applications for non‑compliance where pending High Court challenge and tribunal directions justified delay; dismissal quashed.
• Civil procedure – amendment of pleadings – order to amend not time‑bound – amendment ought not be dismissed where challenge to amendment order is pending in higher court and tribunal directed waiting for decision and its copy. • Evidence – affidavit of material witness (tribunal clerk) – absence of such affidavit not decisive where procedural steps by other party and tribunal directions caused non‑filing. • Cross‑objection – allegations of perjury/fabrication/false swearing in pleadings may amount to ordinary denial and require strict proof; mere self‑contradictions not necessarily material to credibility.
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21 February 2024 |
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Court granted interim injunction over four mortgaged plots, finding prima facie breach and risk of irreparable loss.
Civil procedure – Temporary injunctions – Order XXXVII Rules 1 & 2 and Section 68(e) CPC – Attilio v Mbowe test (prima facie case, irreparable loss, balance of convenience). Contract law – Disputed debt acknowledgement/refinancing agreement raising serious questions to be tried. Remedies – Exclusion of property alleged sold prior to institution to avoid prejudice to third parties.
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21 February 2024 |
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Plaintiff failed to prove land ownership due to uncorroborated sale documents and absence of key witnesses.
Land law – proof of title – sale agreement and chain of ownership – necessity to call primary witnesses and produce introduction/survey documents; Evidence – burden and standard in civil cases – gaps, unexplained absences and contemporaneous dispositions undermine ownership claims; Civil procedure – ex parte hearing – substantive proof must still meet civil threshold.
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20 February 2024 |
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A valid title over road reserve remained lawful; demolition without statutory acquisition procedures and compensation was unlawful.
Land law – right of occupancy – grant of title on reserved land – validity of certificate of occupancy; Road reserves – demolition for road expansion – requirements under Land Acquisition Act and Roads Act; Requirement of notice, publication and compensation before acquisition; Title rectification/revocation – evidentiary burden.
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20 February 2024 |
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Tribunal properly refused vehicle attachment where partial payment was admitted and remaining balance was too small to justify sale.
Execution – attachment and sale – proportionality of enforcement for small decretal balance; Executing court’s jurisdiction under section 38 Cap 33 to determine questions arising from execution; Functus officio and limits on re-opening original judgment in execution proceedings; Procedure – summons to show cause and requirement for opposing applications/affidavits in execution matters (Regulation 23(4) Land Disputes Regulations, 2003).
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20 February 2024 |
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19 February 2024 |
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Extension of time granted where applicant diligently sought correct judgment copy and limitation days were excluded.
Land — Extension of time to appeal — s.41(2) Land Disputes Courts Act; computation of time — date when correct judgment copy was issued; Law of Limitation s.21(2) — exclusion of time; diligence vs negligence; authorities: Lyamuya; Benedict Mumello.
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16 February 2024 |
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Raising and deciding locus standi suo motu at judgment stage without hearing parties violates the right to be heard; judgment quashed and remitted.
Civil procedure – locus standi – tribunal raising new issue suo motu at judgment stage – duty to invite parties to address issue before adjudication. Right to be heard – procedural fairness – adjudication on issues not raised by parties vitiates proceedings. Pleadings and exhibits – letters of administration do not amount to impleader or counterclaim by themselves; proper procedure required to sue or be sued in representative capacity. Remedy – quashing and remitting for fresh judgment where tribunal raised and decided a new issue without hearing parties.
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16 February 2024 |
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Interim injunction refused where applicant conceded lease breach and failed to prove irreparable harm or favorable balance of convenience.
Land law – interlocutory injunction; Atilio v Mbowe criteria; lease termination; admission/concession to breach; irreparable harm; balance of convenience.
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16 February 2024 |
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An administratrix failed to prove land ownership; tribunal properly evaluated evidence and upheld mosque's possession.
Land law – burden of proof in ownership claim by an administratrix – claimant must prove title. Evidence – appellate review of tribunal’s evaluation and credibility findings. Succession/probate – family distribution of estate prior to death and effect on ownership claims. Wakf/transfer to mosque – asserted donation of land to religious institution and supporting testimony. Res judicata/precedent – unchallenged Ward Tribunal decision supporting possession of mosque.
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16 February 2024 |
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A missing advocate's signature on a plaint is a curable procedural defect; amendment ordered under the oxygen principle.
Civil procedure — Pleadings — Requirement under Order VI Rule 14 for party and advocate signatures — Failure to sign is procedural, curable under the 'oxygen principle' — Court's power to order amendment rather than striking out.
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16 February 2024 |
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Court held it was functus officio and dismissed application restraining execution of a consent judgment over the same land.
Land law — consent judgment/deed of settlement — execution of consent orders — functus officio doctrine — section 139(4) Land Act — Mareva/maintain status quo injunctions — limits on post-judgment relief affecting same subject matter.
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16 February 2024 |
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Plaintiffs lawfully purchased apartments; eviction by the 2nd defendant was unlawful, damages and completion of sale ordered.
Land law – Sale of land and rights of purchaser – Admission by vendor and documentary proof establish ownership; unlawful eviction – liability of director; admissibility of bank statement as original document under Evidence Act; award of general damages and order to complete sale (delivery of titles and balance payment).
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15 February 2024 |
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Applicants declared lawful owners; respondent's forcible eviction unlawful, respondent ordered to pay damages and costs.
Land law – sale of apartments – effect of admissions by seller on ownership; Eviction – unlawful/forcible eviction without court order; Remedies – general damages and costs; Evidence – admissibility of bank statement (Exhibit P6); Company law – distinction between company and individual directors (Salomon principle).
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15 February 2024 |