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April 2024
Appellant’s non-appearance and lease evidence justified award of rent arrears; appeal dismissed with costs.
Land law – tenancy and rent arrears; proof of landlord–tenant relationship by lease documents and admissions; Lessee remaining in possession after lease expiry – obligations continue under s.82(1) Land Act; procedural fairness – effect of non-appearance and ex parte proceedings; attendance of assessors – omission of names not always fatal where record shows participation.
23 April 2024
An appeal lodged beyond the 45‑day limit was time‑barred; delay not excused by obtaining corrected judgment or parallel proceedings.
Civil procedure – time limit for appeal from District Land and Housing Tribunal – 45 days under section 41(1)&(2) Land Disputes Courts Act
23 April 2024
Applicant must prove prima facie case, irreparable harm and balance of convenience before a temporary injunction restraining sale of mortgaged properties is granted.
Civil procedure – Interim injunction – Applicant must establish prima facie case, irreparable harm, and balance of convenience; injunction granted to restrain sale and bid invitation pending main suit.
23 April 2024
Whether registry human error and counsel’s breakdown justify setting aside a dismissal for non-appearance.
Civil procedure – Restoration of dismissed suit – Order XLIII r.2 and section 95 CPC – Sufficient cause required for setting aside dismissal
22 April 2024
Guarantor remains liable for unpaid loan where principal debtor defaulted; bank entitled to recover from mortgaged securities.
Contract/Guarantee law – guarantor’s liability where principal debtor defaults; written guarantee binds surety
22 April 2024
Court granted extension of time, finding illness and a filing-letter constituted sufficient cause to excuse delay.
Extension of time – sufficient cause – illness supported by medical chit – correspondence to Deputy Registrar treated as memorandum of appeal – Land Disputes Courts' Act s41; Limitation Act s14; discretionary relief.
22 April 2024
Extension of time granted where applicant showed technical delay, diligence and sufficient cause under section 11 AJA.
Extension of time – s.11 Appellate Jurisdiction Act – discretion exercisable judicially (Lyamuya); sufficient cause – account for delay, diligence, non‑inordinate delay; technical delay distinguished from actual delay (Zahara Kitindi; Fortunatus Masha); illegality as potential ground; court may disregard unserved submissions.
22 April 2024
Conceding preliminary objections that show incompetence results in striking out the application, not withdrawal.
Civil procedure – preliminary objections – concession to preliminary objections – consequence is striking out for incompetence, not withdrawal. Interim relief – temporary injunction – maintainability where no pending suit. Affidavit formalities – content and jurat defects – incurability and competence. Non-disclosure of respondents – competence of application
19 April 2024
Court granted extension to appeal, overruling preliminary objection over curable typographical name discrepancies.
Civil procedure – extension of time under section 14(2) Law of Limitation Act – delay due to late supply of certified judgment/decree – exclusion under section 19(2). Preliminary objection – misnomer/typographical errors in names and jurat – curable under section 3A Civil Procedure Code. Factual disputes on identity are not pure points of law and cannot be disposed of on preliminary objection (Mukisa principle). Reliance on Court of Appeal authority on exclusion of time for obtaining copies (Alex Senkoro)
19 April 2024
Appellate court upheld the trial finding that respondents' evidence was more credible and the disputed area was properly amended to four acres.
Land law – ownership dispute over ancestral land – assessment of credibility and balance of probabilities (Hemed Said v Mohamed Mbilu). Civil procedure – amendment of pleadings – unobjected amendment limiting disputed area to four acres
19 April 2024
Appeal dismissed: appellant failed to prove customary ownership; Tribunal’s reliance on village allocation evidence upheld.
Land law – proof of title – customary tenure – requirement and role of documentary evidence; admissibility and effect of village allocation letters; parties’ duty to call material witnesses; discretion to visit locus in quo.
19 April 2024
19 April 2024
19 April 2024
Guarantor’s property properly discharged where evidence and bank letter showed principal security sufficed to cover outstanding loan.
Land law – mortgage/guarantee – discharge of guarantor's property where principal security suffices. Contract of guarantee – application of section 78, Law of Contract Act – suretyship liabilities and effect of partial repayment/collateral withdrawal
18 April 2024
Prima facie case existed but injunction denied because applicants failed to prove irreparable harm; application dismissed with costs.
Land — Temporary injunction pending suit — Atilio v Mbowe test — prima facie case established but no irreparable injury shown — third‑party occupation — eviction and transfer of mortgaged property.
18 April 2024
Court entered consent judgment in land dispute: first defendant to pay Tsh25,000,000 and plaintiff abandons claims against state defendants.
Land dispute; alleged invalid sale; declaration of estate ownership; revocation of transfer and issuance of title; consent settlement recorded as consent judgment; Order VIII Rule 39 Civil Procedure Code; payment instalments; plaintiff abandons claims against municipal, Attorney General and Commissioner for Lands.
18 April 2024
Execution does not bar a tribunal from extending time to apply to set aside an ex parte/default judgment; apparent illegality and lack of service justified extension.
Land law – Procedure – Extension of time to apply to set aside ex parte/default judgment – Execution of decree does not necessarily oust jurisdiction – Illegality on face of record and lack of service justify extension – Trial tribunal competent to entertain applications to set aside ex parte judgments (Order VIII r.15 Cap 33).
18 April 2024
Where a decree granting possession was quashed, the applicant is entitled to restitution, damages and vacant possession.
Land law – Restitution under s.89(1) CPC – Decree quashed/set aside – Restoration to pre-decree possession – Award of general damages and interest – Demolition order declined – Procedural requirements for preliminary objections and affidavit defects.
18 April 2024
Court grants extension for filing a reference; delay caused by court's delayed document supply is justified.
Civil procedure – Application for extension of time – Advocate's Remuneration Order – Good cause and computation of time limits.
18 April 2024
Injunction refused: applicants proved a triable issue but failed to prove irreparable harm or balance of convenience on affidavit.
Land law – interim injunction – Atilio v Mbowe triad (prima facie case; irreparable injury; balance of convenience) – affidavit must aver material facts; submissions are not evidence – failure to prove cumulative conditions defeats injunction application.
17 April 2024
17 April 2024
Certificate holder’s title prevails; once ownership proved, any subsequent entry is trespass and eviction with costs is proper.
Land law – ownership dispute between certificate of occupancy and later sale/license; possession and trespass – intrusion actionable once ownership established; locus in quo – discretionary, required only in exceptional circumstances; reliefs and costs – court may grant eviction flowing from ownership findings; successful litigant generally entitled to costs.
17 April 2024
Applicant granted leave to join a third party under Order 1 r14(1)(b); prior adjudication/pending appeal issue reserved.
Civil Procedure – Third‑party notice – Leave to present third‑party notice under Order 1 r 14(1)(b) – Relief must relate to subject matter and be substantially same as plaintiff's relief
17 April 2024
A court cannot extend time to set aside an ex‑parte decree issued by another registry; applicant must apply to that court.
Land procedure — Jurisdiction — Extension of time to set aside ex‑parte consent settlement and decree — Court cannot extend time or set aside orders issued by another registry — remedy must be sought in the court that made the order (mediation under Order VIII CPC).
17 April 2024
A defective locus in quo visit without oath or cross-examination renders subsequent tribunal proceedings null and warrants remittal.
Land law – locus in quo visit – exceptional procedure – parties, advocates and witnesses must be present – evidence at locus in quo must be on oath – right to cross-examination – failure to observe procedures renders visit null and vitiates subsequent proceedings.
17 April 2024
Registrar’s refusal of duplicate title quashed for lack of investigation and denial of the applicant’s right to be heard.
Land registration — refusal of duplicate title on alleged forgery; requirement for reasons supported by factual findings; duty to afford right to be heard (audi alteram partem); Registrar’s inquiry powers under section 105 — summons, inspection and examination of documents; need for investigation/forensic or police referral where authenticity is disputed.
17 April 2024
Revision of interlocutory tribunal ruling dismissed as premature; applicant must await final decision and pursue appeal.
Civil procedure — Revision — Interlocutory orders — Section 79(2) CPC — Finality (nature of order) test — Exhaustion of remedies — Application incompetent and struck out — File remitted to tribunal to hear matter on merit.
17 April 2024
A company must have a board resolution to commence litigation; absence renders the plaint incompetent and is struck out.
Companies Act s.147(1) – board resolution required to authorise company acts – authorisation to institute legal proceedings – plaint lacking board resolution is incompetent – strike out with costs.
16 April 2024
An appellant must include all trial parties on appeal; omission of trial parties renders the appeal incompetent.
Civil procedure — Appeal — Parties — Parties on appeal must be the same as at trial; omission of a trial party from appeal renders appeal incompetent; omission in trial judgment is a fatal error corrigible by the trial tribunal, not the appellate court; right to be heard and risk of unexecutable decree.
16 April 2024
Appellant failed to prove title or trespass; Tribunal’s one-acre allocation lacked evidential basis; appeal dismissed.
Land law – proof of title and trespass – burden of proof on claimant to show acquisition and extent of land – evaluation of oral and documentary evidence; Civil procedure – allocation of land by Tribunal without evidential basis; Inheritance and purchase claims – evidentiary sufficiency of oral testimony and corroboration.
16 April 2024
Court granted Mareva injunction restraining land transfer pending expiry of the statutory 90‑day notice.
Mareva injunction; Proprietary disputes over registered land; Prima facie case; Irreparable harm; Balance of convenience; Restraint pending expiry of statutory 90‑day notice to sue the Government.
16 April 2024
Where facts on limitation are disputed, the objection is not a pure point of law; fatally defective suits must be struck out.
Land law – preliminary objections – limitation of actions – Mukisa principle: preliminary objection must raise a pure point of law; disputed facts preclude determination
16 April 2024
Court granted interim injunction restraining eviction pending trial after finding prima facie case, irreparable harm and balance of convenience.
Land law – Interim injunction to restrain eviction – Application of Atilio v. Mbowe test (prima facie case; irreparable injury; balance of convenience) – Pending determination of main suit
16 April 2024
An injunction application was dismissed as res judicata because a prior consent settlement barred revival of the same claims.
Res judicata — application for injunction barred by prior consent decree and settlement deed — settlement clause precluding revival of claims — adding auctioneer/agent does not defeat res judicata — Civil Procedure Code ss.9,10.
16 April 2024
Application for extension of time to revise Tribunal’s ex‑parte closure order dismissed for inordinate delay and applicants’ conduct.
Land law – extension of time – application for revision of Tribunal’s ex‑parte closure/injunction – applicants’ defaults, participation in trial without seeking vacatur – inordinate delay and failure to account for delay – alleged illegality not a sufficient reason after prolonged condonation.
16 April 2024
Tribunal erred in dismissing for non-attendance; appellant proved good cause and dismissal order was set aside.
Civil procedure – dismissal for non-attendance – setting aside dismissal – good cause required under regulation 11(1)(b) and (2) of GN 173; Interpretation and application of District Land and Housing Tribunal Regulations (regs 11(1)(b), 13(3), 15(a)); Admissibility/weight of annexures and supporting letters as evidence of attendance elsewhere; Duty to consider pleaded evidence before dismissing for non-attendance.
16 April 2024
15 April 2024
Parties resolved a landlord’s unpaid rent claim by mediated consent judgment with a structured repayment schedule.
Land law – Lease dispute – Claim for unpaid rent and loss of anticipated income – Parties resolved dispute by mediated Deed of Settlement. Civil procedure – Mediation and consent judgment – Recording and entry of settlement under Order VIII Rules 33(a) and 34 of the Civil Procedure Code
15 April 2024
Failure to show sufficient cause for non‑appearance at final pre‑trial warrants dismissal; Order VIII Rule 20(2) applies to first pre‑trial.
Civil procedure — setting aside dismissal for non‑attendance at pre‑trial — Order VIII Rule 20(2) applies to first pre‑trial only; Order IX Rule 6(1) — "sufficient cause" — counsel negligence, parties’ duty to follow up case — dismissal upheld with costs.
15 April 2024
Failure to record assessors' written opinions as required by law renders DLHT proceedings, judgment and decree null and void.
Land disputes — District Land and Housing Tribunal — role of assessors — Regulation 19(2) DLHT Regulations and s.23 LDCA — assessors must give written opinions recorded and read to parties before judgment — failure to record opinions is fatal irregularity vitiating proceedings.
12 April 2024
12 April 2024
Plaintiff proved lawful ownership of a house bought under NHC/THB scheme; suit granted with costs.
Land law – ownership dispute over residential plot re‑surveyed (Plot No. 94A → Plot No. 705 Block F) – proof of title through tenancy‑purchase/THB documents and redemption statement – municipal and bank correspondence and police investigation corroborating ownership – questioned certificate of title – defendants' default and non‑compliance with procedural orders.
9 April 2024
Temporary injunction refused: prima facie case existed but applicant failed to prove irreparable harm or favorable balance of convenience.
Injunctions — temporary injunction application under Order XXXVII and section 68(e) CPC — Atilio v Mbowe three requirements: prima facie case, irreparable injury, balance of convenience — monetary loss is generally reparable — failure to satisfy irreparable harm and balance of convenience results in dismissal.
8 April 2024
A revision against a Tribunal’s execution order is incompetent where regulation 24 GN 173/2003 grants a right of appeal.
Land procedure – Execution of Tribunal decrees – Remedy against execution orders – Revision versus appeal – Regulation 24 of GN 173/2003; where appeal lies, revision is inappropriate. Civil procedure – Preliminary objection – Failure to reply treated as concession. Authority: Said Ali Yakut & Four Others v Feisal Ahmed Abdul
8 April 2024
8 April 2024
Mareva injunctions require the Atilio triad; applicants showed prima facie case but failed on irreparable harm and balance of convenience.
Mareva injunction – common law equitable remedy – JALA s.2(3) – mareva as species of temporary injunction – Atilio v Mbowe conditions (prima facie case; irreparable injury; balance of convenience) – statutory 90‑day notice – compensation dispute – alleged trespass on road reserve.
8 April 2024
Notice of appeal does not bar taxation; bill correction and receipt production rest with the taxing officer's discretion.
Taxation of costs – correction of bill at hearing – validity of amending claimed figure.* Civil procedure – effect of notice of appeal and stay on taxation of costs – taxation not stayed by notice of appeal or execution stay given in separate proceedings.* Evidence – receipts for disbursements – production not mandatory; taxing officer's discretion (rule 58(1) GN.264/2015).
8 April 2024
5 April 2024
Prior court rulings found demolition unlawful; plaintiff awarded Tsh 30,000,000 general damages but failed to prove detailed loss.
Land law – execution of court orders and eviction – time bar/limitation extinguishing proprietary rights – unlawful demolition of structures – proof of damages and need for particulars, valuations and corroborating evidence.
5 April 2024
5 April 2024