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Citation
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Judgment date
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| May 2024 |
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Appeal dismissed where appellant refused to accept summons and Ward Tribunal validly proceeded ex parte.
Land law – extension of time – application for revision of ex parte Ward Tribunal judgment – alleged illegality arising from non-service of summons. Civil procedure – ex parte proceedings – effect of refusal to sign or receive summons – clean hands doctrine. Ward Tribunal procedure – section 15(1) Ward Tribunal Act – not bound by formal court rules of evidence and procedure. Service of process – factual proof of service vs. assertion of non-service; consequences for validity of ex parte judgment.
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31 May 2024 |
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A High Court cannot reopen its own ex parte judgment for alleged illegality; the Court of Appeal must correct such errors.
Administration of justice – Functus officio – High Court cannot revisit its own judgment for alleged illegalities; remedy lies to Court of Appeal; Service of process – personal service, substituted service and affixation considered in context of ex parte proceedings.
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31 May 2024 |
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Court quashed and remitted one Tribunal application for rehearing due to chaotic, prejudicial procedural irregularities; other matter upheld.
Land law – Revision under s.43(1)(b) LDCA – Procedural irregularities and incoherent Tribunal records – oral preliminary objections on ruling date – failure to record and conflicting scheduling orders – quash and remit for rehearing; Execution application compliant and left intact.
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31 May 2024 |
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Insufficient description of disputed land (no size/boundaries) renders the suit incompetent and proceedings are nullified.
Land law – Description of immovable property – Order VII Rule 3 CPC and Regulation 3(1)(b) GN No.174/2003 – insufficient particulars (no size/boundaries) render suit incompetent and proceedings null; unsurveyed land requires boundaries/permanent features to identify parcel.
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31 May 2024 |
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31 May 2024 |
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A fresh suit re-litigating a previously dismissed loan/mortgage dispute is res judicata and an abuse of process.
Civil procedure — res judicata under section 9 CPC — five-condition test (same matter, same parties/privies, same title, competent court, finally decided) — dismissal for non-appearance — requirement to apply to set aside dismissal — abuse of court process.
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31 May 2024 |
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Appeal allowed: tribunal misapplied priority principle instead of resolving trespass shown by documents and locus in quo.
Land law – ownership dispute – evaluation of oral and documentary evidence; locus in quo findings; trespass/encroachment versus priority of purchase; first appellate court's power to re-evaluate evidence and substitute findings of fact.
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31 May 2024 |
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A dispute over alleged unlawful transfer of land is a land matter; DLHT erred in dismissing for lack of jurisdiction, but decision quashed for non-joinder.
Land law – jurisdiction of DLHT – whether a dispute over alleged unlawful transfer of land by one spouse is a land or matrimonial matter – jurisdiction assessed by pleadings and reliefs sought. Civil procedure – joinder of necessary parties – failure to join registered proprietors defeats effective decision and breaches right to be heard (audi alteram partem). Land Disputes Courts' Act, s.43 – power to quash and set aside tribunal proceedings where procedural/ jurisdictional defects vitiate decision.
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31 May 2024 |
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Counsel’s attendance elsewhere and mere negligence do not constitute sufficient cause to set aside a dismissal order.
Civil Procedure – Setting aside dismissal for non-appearance – discretion exercisable upon sufficient cause shown under Order IX rules. Procedural compliance – counsel’s duty to notify court, send substitute or file supporting documents when unable to appear. Evidence – affidavits relying on third parties require those persons’ own affidavits; otherwise statements are hearsay. Right to be heard – subject to procedural law; prima facie merits do not excuse failure to prosecute.
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31 May 2024 |
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Tribunal wrongly dismissed the appellants for seeking to amend parties instead of deciding the amendment request.
Land procedure – amendment of pleadings – duty of tribunal to determine amendment application (grant or refuse) before dismissing; Regulation 16 Land Dispute Courts; Order VI r.17 CPC; amendment allowed when necessary to determine real question and to do justice; dismissal for mere application to amend improper.
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31 May 2024 |
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Tribunal had jurisdiction over the sale-related land dispute; substituted service was valid and appeal dismissed with costs.
Land law – jurisdiction of District Land and Housing Tribunal under s.33(1)(b) – sale of land disputes. Civil procedure – substituted service/affixation and telephone notification – sufficiency for ex parte proceedings. Ex parte judgment – right to be heard and requirement of proof of service. Extension of time – illegality must be apparent on face of record to justify relief.
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31 May 2024 |
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An application to remove a caveat under s.78(4) LRA is time‑barred if filed after the 60‑day limitation period.
Land law – Caveat – Removal under s.78(4) Land Registration Act; Limitation – applicability of Item 21 (60 days) v Item 22 (12 years) of Part I Schedule, Law of Limitations Act Cap 89 R.E.2019; Preliminary point of limitation to be decided before merits; Amos Gisunte Sererya precedent applied.
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30 May 2024 |
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The applicant’s application to remove a caveat was dismissed as time-barred under the 60-day limitation period.
Land registration – removal of caveat – application under s.78(4) Land Registration Act – limitation period. Limitation law – Law of Limitations Act, Schedule item 21 (60 days) vs item 22 (12 years) – characterization of cause of action. Procedure – application to call caveat-holder to show cause is a short limitation challenge; precedential authority applied (Amos Gisunte Sererya).
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30 May 2024 |
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Appeal struck out and file remitted where the decree contradicted the trial judgment; trial tribunal to correct decree.
Civil procedure – judgment must agree with decree – contradiction between judgment and decree is fatal and renders both in-executable; appellate court cannot amend—trial Tribunal must correct; supervisory powers under s.43(1)(b) LDCA; appeal struck out and file remitted.
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30 May 2024 |
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A technical delay from an appeal being struck out can suffice to justify extension of time to appeal.
Extension of time — sufficiency of cause; technical delay resulting from an appeal struck out on legal grounds can constitute sufficient cause; requirement to account for delay; negligence in framing grounds not necessarily fatal where applicant acts promptly; costs to follow the event.
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30 May 2024 |
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Court removed a long-standing caveat after finding the caveator failed to prosecute interest and notice dispensed under s78(4).
Land law – Caveat – removal of stale caveat where caveator has not pursued substantive action – Section 78(4) Land Registration Act; Civil procedure – dispensing with notice and proceeding ex parte where caveat long pending; Proprietary rights – protection of registered proprietor’s title versus caveator’s interest.
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30 May 2024 |
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Extension of time to set aside an ex parte judgment wrongly granted where tribunal record showed respondent present and delay unexplained.
Civil procedure – extension of time – application to set aside ex parte judgment – requirements to account for delay and show good cause. Evidence – court record authenticity – tribunal judgment as conclusive proof of attendance at delivery. Procedural irregularity/illegality – non-service of notice – cannot be relied upon where record shows presence. Limitation and rules – Land Dispute Courts Regulations/reg.11(2) and Law of Limitation Act: applications must be timely; court’s discretion to extend time must be exercised judiciously.
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30 May 2024 |
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Pleading facts to connect a newly joined party is permissible and does not automatically create a new cause of action.
Civil procedure – Amendment of plaint – Joining a necessary party; permissible to plead facts connecting the added party to the cause of action; such pleading does not necessarily create a new cause of action; Preliminary objection – Mukisa test – preliminary point must be capable of finally disposing of the suit.
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30 May 2024 |
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Affidavit attested by an unlicensed commissioner for oaths is invalid; application struck out without costs.
Affidavit attestation — Commissioner for Oaths — Annual renewal requirement under Notaries Public and Commissioner for Oaths Act — Attestation by unqualified person invalidates affidavit — Defective affidavit warrants striking out application — Costs waived where applicant concedes objection.
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30 May 2024 |
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Court struck out contract-based land sale suit for want of jurisdiction; concession of jurisdictional point precluded withdrawal.
Jurisdiction – competence of Land Division to determine contract-based claims – preliminary point of law raised by court. Civil procedure – preliminary points – effect of conceding jurisdictional point; withdrawal after concession invalid. Relief – striking out for want of jurisdiction; costs – each party to bear own costs where court raises issue.
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29 May 2024 |
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Appeal filed 15 days late; where decree attachment is required time may run from decree extraction; appeal struck out with costs.
Land law – appeals from Land Disputes Courts – computation of statutory 45‑day appeal period – commencement may be from date of decree/copy extraction where decree attachment is mandatory; late filing renders appeal incompetent; remedy is application for extension of time under the Land Disputes Courts Act.
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29 May 2024 |
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An affidavit with a jurat that both affirms and swears the deponent is defective; application struck out with costs.
Oaths and Statutory Declarations Act – jurat of attestation – inconsistency between affirmation and oath in same affidavit – defective jurat renders affidavit invalid – application struck out with costs.
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28 May 2024 |
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Revision refused: tribunal properly exercised discretion to award costs when applicant withdrew land dispute.
Land disputes — Revision — Section 43(1)(b) Land Disputes Courts Act — Judicial discretion to award costs on withdrawal — Requirement for reasons in tribunal decisions — Effect of prior High Court ownership determination on withdrawal and costs.
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28 May 2024 |
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Whether plaint meets Order VII requirements and whether suit is res subjudice; plaint amended, 2nd defendant struck out.
Land law – preliminary objections – compliance with Order VII Rules 1(e), 3 and 9 CPC (cause of action timing, description of land, annexures) – curable defects and amendment; locus standi to sue as administrator requires evidence; res subjudice (section 8 CPC) – striking out where prior proceedings and pending appeal involve same subject matter and parties.
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28 May 2024 |
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Appellate court upheld tribunal's decision, finding appellants' evidence unreliable and the purchaser bona fide, dismissing the appeal.
Land law – identification of land in matrimonial asset division – necessity of clear specification of parcel in matrimonial judgment. Evidence – burden and standard to prove identity and location of property; admissibility and weight of undated/unsigned documents (section 110 TEA referenced). Credibility – assessment of witness testimony and documentary inconsistencies; afterthought defence by sellers. Property transactions – bona fide purchaser protection and effect of non-joinder of seller(s). Appellate review – first appellate court re-evaluating credibility and evidence of trial tribunal.
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28 May 2024 |
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Appellants failed to prove their land claim on the balance of probabilities; ex‑parte hearing and no locus visit were immaterial.
Land law – title and trespass – requirement to prove claim on balance of probabilities. Evidence – assessment of witness credibility and necessity of clear particulars (e.g., land size/boundaries). Civil procedure – ex parte proceedings and locus in quo visits not automatically fatal where evidence is indeterminate. Customary occupation – insufficient without clear, cogent evidence.
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27 May 2024 |
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Suit struck out for failure to comply with mandatory 90‑day statutory notice under the Government Proceedings Act.
Government Proceedings Act s.6(2) – statutory 90‑day notice of intention to sue – notice must identify claimant and basis of claim and be properly served; non‑compliance jurisdictional and renders suit incompetent; non‑joinder of Lands authorities raised but not adjudicated.
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27 May 2024 |
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Appellant's own concession at trial amounted to effective withdrawal; dismissal upheld and appeal dismissed with costs.
Land law – challenge to intended sale of mortgaged property; constitutional right to fair hearing – whether party was denied right to be heard; effect of party's oral concession as withdrawal of claim; legal representation – compelling a party to proceed in person after prior warning; procedural law – exclusion of filings made out of time without leave.
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24 May 2024 |
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Unexplained, inordinate delay and no apparent illegality: extension of time to appeal refused, costs spared.
Extension of time – requirements under Lyamuya: sufficient reasons, accounting for every day of delay, absence of inordinate delay, diligence; sickness, mourning and financial hardship as grounds – sufficiency and evidential burden; alleged illegality as a ground – must be apparent on face of record; conduct inconsistent with claimed inability to act (obtaining title deed, administrative steps) undermines excuse for delay.
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24 May 2024 |
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Trial tribunal erred by deciding on disputed handwriting and failing to analyse evidence; appeal allowed and matter remitted for rehearing.
Evidence — Proof of handwriting/signature — Court must follow statutory methods (expert opinion, familiar-witness evidence, comparison) before determining authenticity. Evidence — Limits on judicial fact-finding — Trial chairperson must not usurp expert role or make findings without proper evidentiary procedure. Civil procedure — Evaluation of evidence — Failure to analyse exhibits and testimony may vitiate decision and warrant remittal. Remedy — Nullification of proceedings and remittal for rehearing by a different tribunal where procedures and natural justice were breached.
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24 May 2024 |
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Court overruled preliminary objections, finding challenges to revision competency premature and mixed factual issues unsuitable now.
Limitation Act s.14 – application for extension of time to file revision; preliminary objection – competency and locus; mixed questions of fact and law – inappropriate for preliminary objection disposal; alternative remedy (Order XXI CPC) argued but factual; propriety of revision premature at extension stage.
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24 May 2024 |
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Appellant failed to prove estate ownership; no mandatory locus visit; assessors’ opinion properly recorded.
Land dispute — proof of ownership — adequacy of village handing-over documents as proof of estate property; locus in quo — not mandatory and should be sought at trial; assessors’ opinion — must be read and reflected in judgment in compliance with Land Disputes Courts Act and GN 174/2003.
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24 May 2024 |
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Applicant failed to satisfy injunction requirements under Order XXXVII; application dismissed with costs.
Civil procedure — Order XXXVII Rules 1 & 4 — interlocutory injunction/status quo — Atilio v Mbowe criteria (prima facie case, irreparable harm, balance of convenience) — alleged auction irregularities not subsisting as statutory grounds — prior unvaried decree precluding injunctive relief.
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24 May 2024 |
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Revision inappropriate where an appeal exists and no exceptional circumstances justify bypassing the appellate route.
Civil procedure — Revisionary jurisdiction — Section 79(1) Civil Procedure Code — Revision not available where appeal lies unless exceptional circumstances exist. Land disputes — Jurisdiction — Ward Tribunal to District Land and Housing Tribunal appeal route — Section 19 Cap 216. Procedure — Preliminary objections and interlocutory rulings — Rule 22, Land Disputes Courts Regulations — such rulings may be appealable if they dispose of the case. Affidavit formalities — alleged defective verification clause (not finally determined).
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24 May 2024 |
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Appeal dismissed as time-barred; asserted e-filing failures unproven and no extension of time sought.
Civil procedure – Appeals from District Land and Housing Tribunal – 45-day limitation under s.41 Land Disputes Courts Act – Requirement to seek extension of time – Alleged e-CMS/registry failure must be proved – Incompetent/time-barred appeal dismissed.
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23 May 2024 |
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A land tribunal lacks jurisdiction over pure contractual loan disputes; its proceedings are nullified and decision quashed.
Jurisdiction — distinction between land disputes and contractual disputes — pleadings and reliefs determine Tribunal’s competence; Land Disputes Courts Act s.43 — power to revise and nullify proceedings where Tribunal exceeds jurisdiction; Remedies — Land Tribunal lacks power to grant restructuring of loans or declarations of non-default arising solely from contract.
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23 May 2024 |
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Written submissions filed late without leave cannot be acted upon and may lead to dismissal for want of prosecution.
Civil procedure – written submissions – timetable compliance; submissions filed out of time without leave are not acted upon; withdrawal cannot cure late filing; failure to comply with court-ordered timetable amounts to failure to prosecute and may result in dismissal with costs.
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23 May 2024 |
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An invitee who fails to prove an oral transfer or file a counterclaim cannot claim ownership or compensation for improvements.
Land law – alleged oral transfer of land – proof and admissibility; Land Act (Section 64) and requirement for written transactions; invitee vs owner — improvements and long occupation do not confer ownership; procedural requirement to plead a counterclaim for compensation.
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23 May 2024 |
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Implied authorization and eCMS technical failure justified the affidavit and excused delayed filing; preliminary objections overruled.
Civil procedure – competency of affidavits – one applicant may depose for others if knowledgeable and duly authorized; implied ratification where co-applicants do not disassociate. Civil procedure – setting aside ex parte order – limitation period and excusable delay – electronic filing (eCMS) failure can justify late filing and invocation of overriding objective.
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21 May 2024 |
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Applicant failed to prove ownership; appellate court quashed trial finding of trespass and set aside the decree.
Land law – proof of ownership in land disputes; burden of proof on balance of probabilities; weight and sufficiency of documentary evidence (village minutes, sale documents); appellate review of factual findings; locus in quo visit where ownership, size and boundaries are uncertain.
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21 May 2024 |
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Court struck out claim for declaration favouring unspecified beneficiaries for lack of permission to sue on their behalf.
Civil procedure – Representative/representative suits – Order I r.8(1) – Permission required to sue on behalf of numerous persons; Declaratory relief – certainty and executability – Court will not confer proprietary rights on unspecified beneficiaries; Non-joinder – necessary parties where proprietary interests affected.
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17 May 2024 |
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Prior diligent prosecution of related proceedings excluded time under Limitation Act; preliminary objection that suit was time‑barred overruled.
Limitation of actions – Land recovery (item 22, Part I, First Schedule) – prescription periods; Order VII Rule 6 CPC – requirement to plead that suit is time-barred and grounds for exemption; Law of Limitation Act s.21(1) – exclusion of time spent prosecuting other civil proceedings with due diligence; effect of prior proceedings and joinder requirements on limitation.
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17 May 2024 |
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Ward tribunals' post‑2021 role is mediation; adjudicatory acts exceed jurisdiction and are void, subject to quashing on revision.
Land law – jurisdiction of ward tribunals after Written Laws (Miscellaneous Amendments) (No.3) Act, 2021 – ward tribunals limited to mediation – proceedings by tribunal exceeding statutory jurisdiction are nullities – DLHT’s revisionary powers to quash and set aside irregular ward tribunal decisions.
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16 May 2024 |
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Court lacks jurisdiction to set aside a dismissal made in parties' presence; Order IX Rule 6(1) inapplicable.
Civil procedure – setting aside dismissal – distinction between dismissal for non-appearance and dismissal in presence of plaintiffs who refuse to proceed; applicability of Order IX Rule 6(1) CPC. Doctrine of functus officio – court lacks jurisdiction to reopen or set aside an order made and communicated in presence of parties. Procedural conduct – withdrawal not permitted to circumvent a court-raised point of law.
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16 May 2024 |
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Court granted interim injunction restraining acquisition pending resolution of applicants' challenge to acquisition procedures.
Injunctions – interim relief – Atilio v Mbowe test – prima facie case, irreparable harm, balance of convenience; Land Acquisition Act (ss.6, 8(1)) – notice requirements – acquisition pending litigation.
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16 May 2024 |
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Applicant granted extension to appeal due to e-filing system failures constituting sufficient cause.
Civil Procedure – Extension of time to appeal – Applicant’s attempts to file within time via new e-case management system; technical failures and verification errors alleged; annexures relied upon as proof. Limitation law – Sufficient cause – Court applies Tanga Cement factors (promptness, explanation for delay, diligence). Remedy – Extension granted; appeal to be filed within 21 days; costs in the cause.
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16 May 2024 |
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Removal of caveat refused where supporting affidavit was undermined by applicant's incapacity and suspected fraud.
Land law – Caveat – application to remove caveat – whether caveat abandoned or removable. Evidentiary capacity – Competence to swear affidavit – impact of mental illness on affidavit validity. Fraud and forged documents – effect of suspected falsehoods in affidavit and supporting instruments – tainted affidavit cannot support relief. Procedure – service by publication and respondent default; court's power to decide on merits despite defaults when applicant's evidence is defective.
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15 May 2024 |
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Plaintiff failed to prove ownership of the alleged 15 acres; claim dismissed and defendants not declared trespassers.
Land law – proof of title – burden of proof in civil claims (s.110–111 Evidence Act) – requirement to establish exact size and boundaries of claimed land; Trespass – necessity to prove plaintiff’s superior title before declaring defendants trespassers; Admissibility/weight of local government sale documents and judicial visits to locus in quo.
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15 May 2024 |
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Court ordered removal of a caveat after finding applicant’s ownership and prior unsuccessful caveator claim.
Land registration – Removal of caveat – Application under s.78(4) Land Registration Act and Order XLIII CPC; Proprietary interest – proof of transfer and ownership; Effect of prior Court of Appeal determination on caveat’s validity; Non-appearance of caveator – ex parte hearing and waiver to oppose; Order directing Registrar to remove caveat.
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15 May 2024 |
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Court granted extension to file revision, finding technical delay and diligence by the applicant.
Limitation — extension of time — good cause — Lyamuya factors; technical delay by lay litigant; diligence versus negligence; illegality as potential ground for extension.
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15 May 2024 |