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Citation
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Judgment date
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| March 2024 |
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Respondent's failure to pay by the contractual deadline rendered the contract voidable; seller validly terminated and lawfully resold the land.
Contract law – time of essence and breach – Law of Contract Act s.55(1); no valid variation by conduct where owner did not consent; avoidance/termination permits resale; specific performance not available where contract avoided; evidential weight of payment into known account does not equate to extension of time.
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28 March 2024 |
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The injunction application is barred by res judicata under section 9 of the Civil Procedure Code.
Civil procedure – Res judicata – Whether a subsequent injunction application is barred where earlier proceedings involved same parties, issues and relief – Section 9, Civil Procedure Code (Cap 33 R.E. 2019). Injunction – identity of subject matter and relief – judicial notice of earlier ruling.
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28 March 2024 |
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Application to set aside dismissal dismissed; holding-brief advocate must be prepared to proceed and client consent may be implied.
Civil procedure – Order IX Rule 6(1) CPC – setting aside dismissal for nonappearance – requirement to show sufficient cause Advocacy practice – advocate holding brief with instructions to proceed – duty to be prepared to conduct hearing; client consent may be implied Equity – clean hands doctrine applied to bar inconsistent reliance by instructing counsel
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28 March 2024 |
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Application for extension denied for lack of good cause due to unreliable medical evidence and contradictory affidavits.
Extension of time – requirement to show good cause – credibility and authenticity of medical evidence – contradictions in affidavit – application for review of decree based on deed of settlement.
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28 March 2024 |
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An invalid Power of Attorney lacking reasons vitiated tribunal proceedings, which were held to be a nullity.
Power of Attorney – validity and required reasons for representation; locus standi – effect of invalid representation; nullity of proceedings prosecuted by unauthorized representative; non-objection at trial does not cure illegality.
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28 March 2024 |
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The plaintiffs' land ownership and compensation claims were dismissed as time‑barred following village deregistration and 1980s acquisition.
Local government law – village registration and deregistration under the Local Government (District Authorities) Act; land law – customary/deemed right of occupancy and proof of ownership; state acquisition – expansion by TPDF, valuation and compensation processes; limitation law – 12‑year period for recovery of land and 3‑year period for tort (trespass/compensation); time‑bar renders claims unmaintainable.
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28 March 2024 |
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Failure to follow locus-in-quo procedures vitiated the tribunal's decision; fresh visit and rehearing ordered.
Land — Locus in quo visit — Mandatory procedure: attendance of parties and advocates, adducing evidence at locus, cross‑examination, full recording and reading back notes — Failure to comply vitiates tribunal's decision — Remedy: fresh visit and rehearing by different chairman.
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28 March 2024 |
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High Court cannot grant stay of execution once proceedings have commenced in the Court of Appeal.
Civil procedure – Stay of execution – Jurisdiction of High Court to grant stay under section 95 – Effect of pending proceedings or notice of appeal in the Court of Appeal – Pending appeal/related application ousts High Court jurisdiction.
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28 March 2024 |
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Applicant granted 14 days' extension to apply for restoration after a short technical delay while pursuing an appeal in the wrong forum.
Civil procedure – Extension of time – Application for restoration of dismissed suit – Requirement to account for delay – Technical delay vs inordinate delay; unpleaded facts in rejoinder are inadmissible.
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27 March 2024 |
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Illness of counsel, credibly evidenced, justified setting aside dismissal and restoring the case in the interests of justice.
Civil procedure – Restoration of dismissed suit – Whether illness of advocate constitutes sufficient cause to set aside dismissal – Medical reports from accredited hospital as supporting evidence. Evidence – Credibility and verification of medical documentation – Doubts to be resolved by enquiry with issuing facility. Discretionary relief – Restoration in interests of justice; costs reserved (none ordered).
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27 March 2024 |
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A refund claim arising from estate administration must be pursued in probate court; interim injunction refusing transfer was denied.
Probate jurisdiction – disputes over sale, distribution or transactions by administrators of deceased estates – forum for determination is probate court. Interim injunction – restraint on transfer/distribution of estate property not appropriate where probate proceedings address the claim. Probate and Administration of Estates Act s.50(1) – bona fide payments to administrators before revocation operate as legal discharge.
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27 March 2024 |
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Extension of time to file notice of appeal granted after court found applicant acted diligently despite a technical delay.
Civil procedure – Extension of time – Application for leave to file notice of appeal – Requirement to account for delay and show diligence. Appeal procedure – Striking out for failure to serve request for copies – effect on time runs and need to explain delay. Accounting for each day of delay – short post-ruling interval held tolerable.
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27 March 2024 |
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Appeal dismissed: appellant admitted refund and signed settlement; seller lacked title so sale was void, claim defeated.
Land law – sale by person without title – sale void; settlement refund extinguishing proprietary claim. Evidence – admission and signed settlement as estoppel; inability to impeach court record. Procedure – clerical error curable under section 96 CPC; unsworn witness allegation unfounded.
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27 March 2024 |
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Applicants failed to satisfy Atilio requirements and lacked representative standing; interim relief was refused.
Civil procedure — Interim injunction — Application of Atilio v Mbowe test (prima facie case, irreparable harm, balance of convenience). Locus/representation — Suit by individuals versus registered traders’ body; authority to represent wider trader population. Public interest — Effect of granting interim relief to a subset of traders where thousands operate at the market. Administrative law/local government — Municipal authority to collect local levies and carry out statutory functions.
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27 March 2024 |
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Extension of time granted to file notice of appeal due to technical delay and supported medical evidence.
Extension of time – sufficient cause – technical delay in prosecuting appeal and medical incapacity supported by hospital reports – discretion to enlarge time – limited grant (14 days) – no costs.
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27 March 2024 |
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27 March 2024 |
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An extension-of-time ruling is a ruling (not a judgment); assessors need not sit, and the appellant failed to show sufficient cause.
Land law – Extension of time to set aside ex parte orders – Miscellaneous application under section 14 Law of Limitation Act; Procedure – Distinction between rulings and judgments – assessor requirement under section 23(2) Cap 216 and GN 174/2003 applies to judgments not rulings; Civil procedure – Same tribunal may set aside its own orders; Sufficiency of cause – particulars and dates required in affidavit to justify extension of time.
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27 March 2024 |
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27 March 2024 |
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27 March 2024 |
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Applicant failed to show an arguable case, irreparable harm or favourable balance of convenience for an injunction against sale of matrimonial home.
Civil procedure – temporary injunction – requirements: triable/arguable case, irreparable harm and balance of convenience. Property law – mortgage of titled land allegedly without spouse consent; challenge to validity and alleged forged signatures. Delay and prior related litigation – impact of unexplained delay and concurrent proceedings on injunctive relief.
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27 March 2024 |
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Applicants failed to show sufficient cause for extension of time to seek a stay of execution; application dismissed.
Civil procedure – extension of time under section 14(1) Law of Limitation Act – requirement to show reasonable or sufficient cause and to account for delay. Technical delay – pursuing another remedy (revision) does not automatically bar filing for stay of execution; must be proved to have prevented timely action. Illegality as ground for extension – must be of sufficient importance and apparent on the face of the record (Lyamuya principles). Doctrine of functus officio – a court cannot rectify alleged illegality in its own decision for purposes of extending time; such complaints are for a higher court. Stay of execution – becomes redundant if extension of time to seek such relief is refused.
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27 March 2024 |
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Plaintiff lacked cause of action and locus standi to sue under a lease to which she was not a party.
Land law; locus standi; cause of action; privity of contract — spouse in possession not automatically entitled to sue on a lease in which she is not a party; possession/business use does not create contractual rights against landlord.
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27 March 2024 |
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Court entered judgment on admission under Order XII r.4, granting counterclaim for breach of joint venture and awarding damages with costs.
Civil procedure — Judgment on admission — Order XII r.4 CPC — Admission of facts by notice — Where admitted facts establish breach of contract, court may enter judgment on admissions and grant declaratory, mandatory and monetary reliefs.
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27 March 2024 |
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Extension of time refused for abuse of process, lack of corroborative evidence, and res judicata concerns.
Extension of time – Illegality as ground for extension – Res judicata and functus officio – Burden to furnish credible corroborative evidence (affidavits, travel documents) – Abuse of court process for successive applications.
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26 March 2024 |
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Unsupported delay, unproven illegality, and relitigation after res judicata do not justify extension of time.
Extension of time – sufficiency of reasons; illegality as ground for extension; res judicata and functus officio; abuse of court process; requirement for documentary/affidavit evidence to support travel and notification claims.
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26 March 2024 |
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Ex parte judgment set aside where defendant was not shown to have been duly served and was thus denied right to be heard.
Procedural law — Setting aside ex parte judgment — Service of process — Compliance with Order V CPC and validity of substituted service — Discretion under Order IX Rule 9 CPC — Right to be heard.
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26 March 2024 |
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An injunction application by a company was defeated because the supporting affidavit was not sworn by an authorized corporate officer.
Civil procedure – Corporate parties – Verification of pleadings and affidavits – Order XXVIII Rule 1 CPC; Affidavit competency – Deponent’s authority to swear for a company – Non‑compliance fatal; Interim injunction – procedural prerequisites and effect of defective supporting affidavit.
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26 March 2024 |
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Court declined to commit the judgment debtor to civil prison because bankruptcy and serious illness showed inability to pay, and no bad faith was proved.
Civil Procedure — Execution of decree — Arrest and detention under Order XXI — requirement of notice (Rule 35) and discretionary stay/release (Rule 39). Requirement of evidence of bad faith (Rule 39(2)) before committing judgment debtor to civil prison. Effect of bankruptcy and serious illness as ‘poverty or other sufficient cause’ to disallow commitment.
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26 March 2024 |
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Appeal struck out as premature and defective for non-joinder of necessary parties and failure to attach required decision document.
Land Registration Act s.102 — appealable decision, order or act — appeal premature where only notice of intention to act issued. Civil procedure — joinder of necessary parties — beneficiaries of title registration must be joined to prevent multiplicity of proceedings. Land appeals — requirement to attach copy of decision, order or act (s.102(3)) — non-compliance renders appeal defective.
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26 March 2024 |
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Court held TAZARA is a Government authority, so the sixty‑year limitation applies and the rent claim is timely.
Limitation of actions – applicability of Law of Limitation Act – whether TAZARA is "Government" under Tanzania‑Zambia Railway Act – sixty‑year limitation for suits by/on behalf of Government (Part I item 23) – rent arrears claim found not time barred.
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26 March 2024 |
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A non‑party lacks locus standi to seek revision or extension where a time‑bar dismissal did not affect their rights.
Locus standi – non‑party seeking revision – requirement to show personal interest in the subject matter. Civil procedure – extension of time under section 14(1) Law of Limitation Act – applicant must have standing. Preliminary objection – dismissal for time‑bar that does not decide rights on the merits does not affect non‑parties' proprietary interests.
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25 March 2024 |
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The court ordered the judgment debtor detained unless he pays the decretal sum within 30 days.
Civil procedure – Execution – Arrest and detention of judgment debtor – Requirements under Order XXI Rule 39(2), sections 42 and 44 CPC – Notice to show cause – Subsistence allowance under Order XXI Rule 38.
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25 March 2024 |
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Plaintiff failed to prove Plot No.505 derived from Plot No.504A; suit dismissed and each party bears own costs.
Land dispute — identity of surveyed/registered plots; burden of proof on plaintiff; official search report insufficient to prove historical change; need for surveyor/Registrar evidence; adverse inference for failure to call material witnesses.
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25 March 2024 |
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Appeal struck out where the memorandum contained arguments and authorities instead of concise, numbered grounds as required by statute.
Civil procedure – Appeals – Form of Memorandum of Appeal – Order XXXIX Rule 1(2) CPC – Memorandum must state concise numbered grounds without argument or narrative; attaching authorities and arguing merits in the memorandum renders appeal defective and liable to be struck out – Strict interpretation of mandatory "shall" under Interpretation of Laws Act.
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23 March 2024 |
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23 March 2024 |
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Court granted extension to appeal where alleged illegality in the tribunal's judgment justified extra time.
Land Disputes Courts Act s.41(2) – extension of time; appellate discretion; Lyamuya criteria; illegality of decision as sufficient reason for extension; duty to join personal representative of deceased owner; ex parte proceedings, service and notification of judgment; issue raised suo motu without hearing.
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22 March 2024 |
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22 March 2024 |
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22 March 2024 |
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Tribunal correctly struck out land claim as property had been previously adjudicated matrimonial and prior decision bound the Tribunal.
Land law – jurisdiction of Land and Housing Tribunal where property has been declared matrimonial asset; application of stare decisis and finality of prior matrimonial determinations. Civil procedure – preliminary objections; effect of pleadings and unchallenged averments (concession). Evidence – identity of property; relevance of subsequent title registration and criminal findings related to forged documents.
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22 March 2024 |
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Whether the respondent proved ownership by sale agreement and long possession despite appellants' conflicting claims.
Land law – proof of ownership – sale agreement and continuous occupation as evidential basis; weight of non-tendered documents; credibility of witnesses; capacity to pass title – purchaser versus descendants of vendor.
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21 March 2024 |
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Land Law – Ex parte proceedings – Regulation 13(2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations Constitutional Law – Basic Rights - Right to be heard
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21 March 2024 |
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A prior merits dismissal barred re‑litigation of the same land ownership claim despite a later purported sale.
Civil procedure – res judicata – application of section 9 Civil Procedure Code – dismissal on merits as conclusive determination; subsequent purported sale or administrator’s appointment does not create new cause of action. Precedent – East African Development Bank principle on dismissal barring refiling.
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21 March 2024 |
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High Court lacks jurisdiction to extend time for lodging Registrar's letter once the Court of Appeal is seized.
Jurisdiction — High Court v Court of Appeal — effect of filing Notice of Appeal under Rule 83; Limitation — section 14(1) Law of Limitation Act — extension applies to institution of appeals/applications; Court of Appeal Rules — Rule 10 vests extension powers in Court of Appeal; Transfer Rules 2023 — Rule 13 prescribes filing place but does not confer new jurisdiction.
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21 March 2024 |
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Subsequent property suit dismissed as res judicata where prior proceedings on the same land were finally determined.
Res judicata – application of Peniel Lotta five ingredients – same subject matter, parties or privies, same title, competent court, final decision; constructive res judicata from dismissal for want of prosecution; functus officio of tribunal in subsequent identical property disputes; auction and eviction proceedings in land disputes.
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21 March 2024 |
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Plaintiff precluded from refiling identical land suit after withdrawing earlier tribunal claim without leave; suit struck out with costs.
Land disputes – withdrawal of proceedings without leave – preclusion to refile under Order XXIII Rule 1(3) CPC. Application of Section 51(2) Land Dispute Courts Act to import CPC where Regulations are silent. Identity of subject matter and cause of action – addition of a defendant does not permit fresh suit after withdrawal without leave. Procedural competence – strike out for failure to obtain leave to refile.
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21 March 2024 |
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Filing date and representation determine DLHT jurisdiction and procedural defects; mortgage consent and evidence credibility support upholding sale and dismissal.
Land tribunal jurisdiction – place of suing and effect of a newly established tribunal’s inauguration; Evidence – weight of mortgage/consent documents and credibility findings; Procedure – reading/explaining application to represented parties not fatal where representation and defence exist.
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21 March 2024 |
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An affidavit with material unverified paragraphs is incurably defective and renders the application for a certificate on points of law incompetent.
Affidavit verification – Mandatory verification clause – Unverified paragraphs containing notice of appeal and points of law render affidavit incurably defective; Application for certificate on point(s) of law – requirement of notice of appeal and valid supporting affidavit; Preliminary objection – pure point of law; Competence of application – struck out for defective affidavit.
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20 March 2024 |
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Amended plaint struck out for failing to state when the cause of action arose and other incurable pleading defects.
Civil procedure — Pleadings — Order VII r.1(e): plaint must state facts constituting cause of action and when it arose; material omissions are incurable. Pleadings vs submissions — substantive facts cannot be introduced in submissions. Limitation — inability to determine time of cause of action from plaint defeats a proper limitation ruling. Jurisdictional requirements — plaint must state value of subject matter and cause of action against each defendant.
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20 March 2024 |
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Revisional application dismissed: annulment of auction did not restore ownership, mortgagee’s power of sale upheld; costs awarded.
Land law – Mortgagee’s power of sale – Auction declared illegal but annulment does not automatically restore mortgagor’s ownership – No entitlement to execute where decree does not revest title; Revisional jurisdiction – absence of material irregularity; Contract law – court will not vary parties’ contractual repayment obligations; Land Act ss.127,130,132.
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20 March 2024 |
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Plaintiff failed to prove ownership of renumbered subdivided land; registered Certificate of Occupancy prevailed.
Land law – ownership of subdivided/renumbered plots – burden of proof – proof by registered Certificate of Occupancy/Title – effect of subdivision and renaming of plots and Commissioner for Lands' allocations.
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20 March 2024 |