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Citation
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Judgment date
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| August 2024 |
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Appellate court held purchaser at valid auction acquired lawful ownership where loan agreement granted creditor power to sell.
Land law – sale by power of sale under loan/mortgage agreement – purchaser at public auction – admissible certificate of sale, auction advertisement and DC permission; parties bound by contract terms (s.37 Law of Contract Act); appellate re‑analysis of evidence.
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30 August 2024 |
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A mediated deed of settlement in a land ownership dispute was recorded as a consent judgment, imposing payment and registration obligations and resolving all claims.
Land law – disputed ownership of unsurveyed land – mediation and Deed of Settlement recorded as consent judgment – payment, survey and registration obligations – settlement declared full and final and enforceable by execution.
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30 August 2024 |
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An unappealed district court judgment binds parties and requires land registry to issue title despite competing administrative claims.
Land law – ownership dispute – binding effect of unappealed district court judgment; res judicata bars relitigation; administrative refusal to register title contrary to judicial determination; nullification of newspaper advertisement of purported lost letter of offer.
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30 August 2024 |
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Res judicata objection premature where factual determination of identity of disputed land is required.
Land law – res judicata under Section 9 CPC; conditions for res judicata (Peniel Lotta) – identity of subject matter, parties, title, competence and finality; preliminary objections – Mukisa Biscuits principle that objections must raise pure points of law; jurisdictional objection premature where factual evidence required to establish identity of disputed land (plot/farm numbers, map references).
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30 August 2024 |
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An amended plaint failing to disclose a cause of action and omitting necessary government parties is rejected and struck out.
Land law; civil procedure — Order VII r.11(a) CPC — plaint not disclosing cause of action; amended plaint — rejection vs further amendment; non‑joinder of necessary parties (government institutions) — suit rendered incompetent and struck out.
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30 August 2024 |
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Time awaiting a certified judgment is excluded if proved; short two-day delay satisfactorily accounted for, extension granted.
Land law — Extension of time to appeal — Exclusion of period awaiting copy of judgment under Section 19(2) Law of Limitation Act — Proof required of request and supply dates — Short residual delay to be accounted for per Bushiri standard — Extension granted.
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30 August 2024 |
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Plaintiff’s challenge to mortgagee’s auction failed: default notice valid, sale lawful, purchaser protected; suit dismissed with costs.
Mortgage and sale by auction – service of statutory default notice via postal address; comparison of signatures under Evidence Act s.75; duty of mortgagee to obtain best price – burden on mortgagor to prove sale under value; auctioneer licensing – lack of renewed licence not necessarily vitiating sale where procedures substantially complied; bona fide purchaser protection under Land Act.
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30 August 2024 |
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30 August 2024 |
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A land tribunal lacked jurisdiction over an unconcluded land sale contract; its proceedings were nullified and quashed.
Jurisdiction – Land Disputes Courts Act – Whether an unconcluded contract for sale of land is a "land matter" within the Land and Housing Tribunal's jurisdiction – Tribunal's lack of competence renders proceedings null and void. Procedure – Court may raise competence sua sponte and, under s.43 LDC Act, revise and nullify tribunal proceedings. Remedies – Contractual disputes over formation and enforcement are for ordinary civil jurisdiction, not land tribunal adjudication.
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30 August 2024 |
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An applicant may withdraw and re-file if sufficient grounds or formal defects exist; costs awarded to the applicant.
Civil Procedure – Withdrawal of suit/application – Order XXIII Rules 1(1) and 1(2) CPC; Leave to re-file – requirement of formal defect or other sufficient grounds; Withdrawal may be granted despite respondent having filed defence/counter-affidavit; Costs – court may award costs on withdrawal.
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30 August 2024 |
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Appeal dismissed because the suit land was insufficiently described and the appellant failed to prove title on balance of probabilities.
Land law – description of immovable property – requirement to describe property sufficiently to identify it (Order VII r.3 CPC); Evidence – standard of proof on balance of probabilities (s.110 Evidence Act); Document authenticity – effect of handwritten/typed inconsistencies and alterations on proof of title; Civil procedure – inability to grant effective decree where subject matter is not properly identified.
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30 August 2024 |
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Non‑joinder of Registrar of Titles and Director of Survey and Mapping rendered the land suit incompetent and it was struck out.
Land law — necessary parties — Registrar of Titles — Director of Survey and Mapping — revocation of certificates of title — non‑joinder — suit incompetent — strike out; test for necessary party: right of relief against party and inability to pass effective decree without them.
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30 August 2024 |
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A valid Certificate of Title establishes prima facie ownership unless its validity is successfully challenged.
Land law – evidentiary weight of Certificate of Title – a valid title to a surveyed parcel is prima facie proof of ownership unless its validity is impugned. Civil procedure – pleadings and admissibility of documents – documents not properly pleaded/admitted may be disregarded but do not undermine a valid Certificate of Title. Civil procedure – duty of parties to produce witnesses – courts are not obliged to summon a party’s unpleaded witnesses suo motu. Expert evidence – party must apply for an expert; court not required to call an expert absent grounds on record.
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30 August 2024 |
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Failure to give statutory 90‑day notice and to describe land adequately renders suit against the government incompetent and struck out.
Government Proceedings Act s.6(2) – mandatory 90‑day notice to sue the Government; non‑compliance renders suit incompetent. Civil Procedure Code, Order VII r.3 – requirement to adequately describe suit land; failure to do so renders plaint defective and suit incompetent. Preliminary objections – parties cannot withdraw suit to circumvent a raised objection; conceding an objection yields its consequences. Remedy – striking out incompetent suit; costs ordered for parties to bear their own.
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29 August 2024 |
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Time spent prosecuting a prior incompetent appeal in good faith may be excluded, allowing extension of time to appeal.
Law of Limitations s.21(1) — exclusion of time spent prosecuting another proceeding in good faith; extension of time — technical delay; incompetence of prior appeal; good faith prosecution; sufficiency of cause for extension; discretion to grant extension with costs.
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29 August 2024 |
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An injunction application lacking identification of the specific statutory provision relied on is incompetent and was struck out without costs.
Civil procedure – Injunctions – Order XXXVII Rules 1(a), 1(b), 2(1) and 3 – Distinct grounds for injunctions – Competency of application requires specification of the exact statutory provision relied upon – Failure to specify renders application incompetent and liable to be struck out.
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29 August 2024 |
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Extension of time granted for filing notice of appeal due to technical delay despite prior review proceedings.
Civil procedure — extension of time — technical delay where applicant pursues review and other remedies — dismissal of review does not bar appeal against original decree — Order XLII r.7(1) interpretation — sufficiency of 'technical delay' as cause for extension.
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29 August 2024 |
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Court recorded a deed of settlement under Order XXIII Rule 3 CPC, making the settlement binding and the appeal withdrawn.
Civil Procedure — Consent judgment — Recording and enforceability of a deed of settlement under Order XXIII Rule 3 CPC; payment schedule and default consequences; effect on pending appeal and ownership transfer of disputed property.
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29 August 2024 |
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Raising a preliminary objection while delaying filing a required reply is procedurally improper; temporary injunction granted to preserve disputed property.
Civil procedure — Preliminary objection — Timing — A preliminary objection may be raised at any time, but not so as to truncate or avoid filing required pleadings; seeking extension to file a reply while advancing a PO is procedurally improper. Interim relief — Temporary injunction — Preservation of status quo pending determination of main suit; injunction granted to restrain sale, eviction or injury to disputed property. Pleadings — Supplementary affidavit — Reply expected; failure to file reply undermines advance of preliminary objection. Service — Allegation of improper service must be substantiated, not merely asserted.
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28 August 2024 |
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Revision inappropriate where statutory remedy to set aside dismissal under Regulation 11(2) exists; applicant failed to exhaust it.
Land law – Procedural law – Revision v. statutory remedies – Regulation 11(1)(b) and 11(2) of GN No.174 of 2003 – Requirement to apply to set aside dismissal within 30 days and, if refused, to appeal – Revisional powers exceptional and not an alternative to appeal.
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28 August 2024 |
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Tribunal erred by relying on alleged post-suit dispositions and speculation instead of deciding ownership on evidence before it.
Land law – ownership dispute – effect of dispositions occurring after suit instituted; relevance to issues framed. Civil procedure – tribunal’s locus in quo/site visit and assessor’s opinion as evidence. Right to fair hearing – absence of third parties and whether their later alleged interests justify striking out. Appeal – when lower tribunal’s speculation about future disputes amounts to error of law.
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28 August 2024 |
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Appeal dismissed where appellant voluntarily declined to prosecute and was not unreasonably denied the right to be heard.
Civil procedure – striking out for want of prosecution – requirements before striking out – party’s failure to prosecute and voluntary declination to proceed; Constitutional law – right to be heard – fundamental but not absolute; Right to legal representation – limitations where party fails to seek or secure counsel and does not justify further adjournments; Remedies – striking out does not preclude refiling or revision under Civil Procedure Code.
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28 August 2024 |
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A taxing officer may tax costs despite a pending appeal; instruction fee reduced as excessive, transport award upheld.
Taxation of costs – pending Notice of Appeal does not automatically stay taxation; bill of costs to be filed within 60 days (Advocates Remuneration Order). Advocates’ instruction fees – discretion of taxing officer; must be exercised judiciously and guided by factors of work, complexity, time and consistency (Premchand principles). Disbursements and receipts – production of vouchers/recepts at taxation is required only if the taxing officer so directs (Order 58). Remedy – execution of taxed costs can be remedied by restitution if appeal succeeds (section 89 CPC).
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28 August 2024 |
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27 August 2024 |
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Instruction fees for an opposed application must follow the Advocates' Remuneration Order and were reduced to TZS 1,000,000.
Advocates' Remuneration Order — Eleventh Schedule item 1(m) — instruction fees for applications — taxation of costs — opposed application attracts TZS 1,000,000 instruction fee; taxing officer must adhere to prescribed scale.
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27 August 2024 |
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An administrator with letters of administration has locus standi and the High Court has jurisdiction over the land dispute.
Land law; locus standi of estate administrator; letters of administration empower administrator to sue; High Court original jurisdiction over proceedings relating to land under section 37 of the Land Disputes Courts Act; preliminary objection on jurisdiction overruled.
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26 August 2024 |
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Omission of the plaint's valuation renders the suit incompetent despite the government being a party.
Civil procedure – Order VII r.1(i) CPC – requirement to state value of subject matter in plaint; Land law – High Court jurisdiction where Government is party (GPA s.6(4); LDCA s.37) – valuation omission affects court fees and competence; Preliminary objection – competence of suit for omission of plaint valuation.
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26 August 2024 |
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Extension of time granted; period spent prosecuting earlier struck-out appeal excluded under s.21(2) Law of Limitation Act.
Land procedure — Extension of time to file notice of appeal — Good cause required — Section 21(2) Law of Limitation Act — Time spent prosecuting earlier appeal excluded where prosecuted with due diligence and in good faith — Counting of delay starts from striking out date.
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26 August 2024 |
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Applicant withdrew extension application; court marked it withdrawn and ordered each party to bear own costs.
Civil procedure – Withdrawal of proceedings – Right of plaintiff/applicant to withdraw under Order XXIII CPC – Court discretion as to costs when withdrawal is at an early stage. Costs – Whether to award costs where application is withdrawn – discretionary refusal where withdrawal timely and early. Extension of time – application for leave to file revision (s.41A(2) & s.52 Cap 216) rendered moot by withdrawal.
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26 August 2024 |
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23 August 2024 |
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23 August 2024 |
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Appeal against execution order dismissed — Tribunal properly considered objections and complied with Regulation 23.
Execution proceedings – objections at show‑cause hearing – only oral objection of pending appeal found on record and considered by Tribunal; Stay of execution – no formal application or extension request filed — oral intention insufficient; Procedure – Regulation 23 (Land Disputes Courts Regulations, 2003) permits chairman to make execution orders and consider objections; no procedural breach established.
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23 August 2024 |
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Appeal against Taxing Officer’s decision was incompetent; statutory remedy is reference by chamber summons under G.N. 263/2015.
Advocates Remuneration Order G.N. 263/2015 – taxation proceedings – Chairperson as Taxing Officer – mandatory remedy is reference by chamber summons to High Court within 21 days – procedural compliance (affidavit, service) essential – incompetence and striking out of appeal.
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23 August 2024 |
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The applicant's subsequent land-ownership suit was dismissed as res judicata following a prior final tribunal decision.
Land law – Res judicata under Section 9 CPC – Prior final determination by District Land and Housing Tribunal bars re-litigation of ownership; Preliminary objections – limitation, locus standi, and property description raised but not determined.
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22 August 2024 |
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22 August 2024 |
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A purchaser cannot acquire good title from a vendor without title; respondent's ownership upheld and appeal dismissed.
Land law – ownership dispute over unsurveyed land – trespass proceedings – whether purchaser is bona fide and whether vendor had title to pass – evidentiary assessment and proof on balance of probabilities; Farah Mohamed v Fatuma Abdallah; Hemed Said v Mohamed Mbilu.
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22 August 2024 |
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Plaintiff failed to prove ownership; defence evidence of village/government title prevailed and suit was dismissed with costs.
Land law – proof of ownership – burden of proof on balance of probabilities – weight of oral evidence versus documentary records – effect of prior Ward Tribunal findings and evidence of village/government acquisition; joint venture/lease and investments on disputed land.
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22 August 2024 |
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Consent judgment declaring the plaintiff owner, granting injunction and ordering withdrawal of stop order and issuance of building permit.
Land law – declaration of title to unsurveyed land; Consent judgment – recording and enforcement of parties' settlement as court decree; Injunction – permanent restraint against defendants interfering with plaintiff's occupation; Administrative relief – withdrawal of Stop Order and issuance of building permit by local authority; Enforcement – terms of settlement executable as court decree on default.
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22 August 2024 |
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Plaintiff's challenge to loan enhancements and bank's retention of title deed fails due to his documented consent and stronger defence evidence.
Mortgage law – validity of mortgage variations – consent of guarantor/mortgagor evidenced by signed deeds of variation and facility letters. Evidence – burden of proof in civil cases – preponderance of probabilities and binding effect of documents signed by parties. Bank security rights – retention of title deed as lawful exercise of mortgage/security rights where borrower/guarantor consented. Remedies – dismissal for failure to prove allegations; costs awarded to defendants.
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21 August 2024 |
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Appellate court upheld tribunal: mortgage void as mortgagor died before alleged execution; service and evidence admission proper.
Land law – validity of mortgage – whether mortgagor deceased before execution – substituted service by publication and ex parte proceedings – admissibility of documentary/secondary evidence where no trial objection – shifting evidential burden in civil cases when prima facie proof produced.
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21 August 2024 |
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Prior tribunal proceedings withdrawn to join the Attorney General can exclude limitation time; plaint must state land size or be amended.
Limitation law – item 22 Part I (recovery of land) – 12 years limitation period; Exclusion of time – section 21(1) Law of Limitation Act – time spent prosecuting prior proceedings in good faith in incompetent court excluded; Civil Procedure – Order VII Rule 6 – requirement to plead grounds for exemption from limitation; Civil Procedure – Order VII Rule 3 – description of immovable property (including size) required in the plaint; Civil Procedure – section 3A (overriding objective) – amendment to cure defects in the plaint.
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21 August 2024 |
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Plaintiff permitted to withdraw land suit; withdrawal granted without leave to refile and each party to bear own costs.
Land law – withdrawal of suit under Order XXIII Rule 1(1); effect of third‑party acquisition of title during pendency; leave to refile; costs where parties consent to withdrawal.
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21 August 2024 |
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Extension of time to file a notice of appeal granted; execution of decree does not bar appeal and withdrawal of notice is not fatal.
Appellate procedure – extension of time under section 11(1) AJA – requirements and judicial discretion Execution of decree – does not bar right of appeal; restitution available under section 89 CPC Withdrawal of notice of appeal – legal effect and distinction from withdrawal of an appeal Effect of advocate’s death and procedural defects on delay Illegality of impugned decision as relevant ground when granting extension (Lyamuya principles)
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20 August 2024 |
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Land tribunal's awards for equipment and general damages upheld; appeal succeeds only on contractual costs clause.
Land law – lease agreement – breach by lessor through lockout and re-leasing without observing contractual notices. Evidence – special damages – pleaded values not controverted; oral, inventory and business plan admissible to prove specific loss. Remedies – award of specific and general damages in lease disputes. Jurisdiction – DLHT may award consequential damages arising from a land/lease dispute. Costs – contractual clause requiring parties to bear their own costs binding on the tribunal.
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20 August 2024 |
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Section 19(2)–(3) LLA automatically excludes time to obtain judgment/decree; premature extension attracts costs but may be allowed.
Limitation law – s.19(2)–(3) Law of Limitation Act – automatic exclusion of time to obtain certified copy of judgment/decree when computing appeal period. Appeals – s.41(2) Land Disputes Courts' Act – 45‑day appeal period and requirement to attach certified copies to memorandum of appeal. Procedural practice – premature applications for extension filed while still within time; court may grant relief and order costs. Authorities – Alex Senkoro v. Eliambuya Lyimo; Bukoba Municipal Council v. New Metro Merchandise (Court of Appeal precedents).
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20 August 2024 |
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Court entered consent judgment directing revocation of an allegedly fraudulently obtained licence and issuance of a new licence to the plaintiff.
Land law – ownership dispute and residential licence – parties settle and consent judgment directs administrative revocation and re-issuance of licence. Administrative action – revocation notice in the Gazette and statutory period – public authority directed to take steps pursuant to settlement. Consent judgment – recording private settlement that requires public authorities to act; court enforces agreed obligations. Alleged forgery – referenced police investigation but no independent substantive judicial finding beyond settlement.
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20 August 2024 |
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20 August 2024 |
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20 August 2024 |
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Joinder application withdrawn; court refused to entertain joinder that could contravene Court of Appeal’s retrial directive.
Civil procedure – Joinder of parties – Application under Order 1 Rule 10(2) and Section 95 CPC – withdrawal at hearing Appellate procedure – Effect of Court of Appeal retrial directive – retrial to commence from admission of a specific exhibit Procedure – Appropriateness of introducing new parties at a retrial stage prescribed by an appellate court
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19 August 2024 |
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Judicial review inappropriate where statutory remedies exist and ownership disputes between individuals require ordinary suit; application struck out.
Land law — Judicial review — Competence of prerogative orders to challenge rectification/removal from land register — Alternative statutory remedies under Land Registration Act (ss.99–102) and Land Act — Prerogative orders inappropriate for private ownership disputes — Commissioner’s letter not a reviewable decision; Registrar of Titles makes final rectification decision.
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19 August 2024 |