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August 2024
Owner entitled to vacant possession; occupant who proved contributions awarded Tshs. 20,000,000.
Land law – ownership declared on admission; right to vacant possession
19 August 2024
16 August 2024
Application dismissed as res judicata and abuse of process; omission should be corrected by review, not refiling.
Civil procedure — Res judicata — Section 9 Civil Procedure Code — same parties, same cause, same issues. Civil procedure — Omission in prior judgment — proper remedy is review, not refiling. Civil procedure — Abuse of court process — relitigation of matters already decided
16 August 2024
Mandatory assessor opinions and defective locus-in-quo procedure vitiated the tribunal’s proceedings, requiring retrial.
Land procedure – assessors’ opinions – mandatory duty under s.23(2) Land Disputes Courts Act and Reg.19(2) to require written opinions from every assessor present at conclusion of hearing; locus in quo – proper procedure and recording of observations, recall of witnesses and reading of notes; failure to comply with mandatory assessor and locus-in-quo procedures vitiates proceedings and is not curable under s.45; remedy – quash and retrial before different Chairman and new assessors.
16 August 2024
Court enlarged time to file a representative suit where mandatory 90‑day government notice and technical non‑joinder justified delay.
Civil procedure — Extension of time — Application to enlarge time to file representative suit — Court may exercise discretion under Section 93 CPC despite wrong citation of statute. Requirement to serve 90‑day notice to sue the Government (Government Proceedings Act) can justify delay. Non‑joinder of Attorney General as necessary party — withdrawal and re‑filing viewed as technical, not fatal. Principles for extension: account for delay, diligence, non‑inordinate delay (Lyamuya factors)
16 August 2024
Dismissal for want of prosecution was improper where the matter was on mention and three-month rule had not elapsed.
Land law – dismissal for want of prosecution – Regulation 15 – three months' non-attendance required; Procedure – distinction between mention and hearing; Pleadings – amendment of defence and stage of proceedings; Review – setting aside wrongful dismissal and remittal for hearing on merits.
16 August 2024
A purchaser from an unauthorised vendor cannot acquire title; bank deposits alone do not prove authorization.
Land law – sale by alleged agent; requirement of express authorization/power of attorney for disposal of land; nemo dat quod non habet; evidentiary value of bank deposits and circumstantial evidence; evaluation of witness credibility.
15 August 2024
Failure to join the Attorney General in a suit against a government entity renders the suit incompetent.
Government Proceedings Act — s.6(3)&(4) — mandatory joinder of Attorney General in suits against government entities; non-joinder vitiates proceedings; Order 1 R.10 CPC cannot override specific statutory requirements; Interpretation of Laws Act — meaning of "shall"; requirement of notice period before instituting suit.
15 August 2024
Bank breached mortgage obligations by not returning title after plaintiff repaid debt; purchaser not bona fide after auction nullification.
Mortgage — lender’s duty to discharge and return title upon repayment; nullified auction defeats bona fide purchaser protection; purchaser’s remedy limited to damages; auctioneer acting under instructions not liable as trespasser where sale was valid at the time.
15 August 2024
Conflicting sale documents undermined the appellant's proof of land ownership; appeal dismissed without costs.
Land law – Proof of ownership – Probative value of conflicting sale agreements – Documents prepared after dispute arises – Appellate re-evaluation of tribunal evidence and credibility.
15 August 2024
A mere, unprosecuted notice of appeal does not render a subsequent suit res subjudice under section 8.
Civil procedure – stay of suit – res subjudice – whether a mere notice of appeal (unprosecuted) renders a subsequent suit res subjudice – Section 8, Civil Procedure Code (Cap 33) – requirement of pendency and essential steps to prosecute an appeal.
15 August 2024
Court granted interim injunction to restrain demolition pending resolution of triable ownership dispute.
Land law – interim injunctions; Order XXXVII Rule 1(a)&(b) and Sections 68(c),(e) CPC; Attilio v Mbowe principles; prima facie/bonafide triable issues; irreparable harm; balance of convenience; uncontested application.
15 August 2024
Where disallowance of a bill (exclusive of court fees) exceeds one-sixth, the party presenting the bill loses taxation costs.
Advocates Remuneration Order (GN
14 August 2024
14 August 2024
Applicant's revision dismissed: applicant lacked proven interest and earlier dismissed RM judgment did not bar subsequent trespass proceedings.
Land law – revision of DLHT decision – alleged denial of right to be heard – joinder of parties and service when a respondent/administrator is deceased. Civil procedure – res judicata – effect of a dismissed judgment that reverts parties to status quo ante and executability of decrees
14 August 2024
Non-joinder of a necessary party (court broker) vitiates proceedings; DLHT proceedings quashed and liberty to re-file granted.
Land procedure – Non-joinder of necessary party – Court broker/auction mart omitted – omission is fatal and vitiates proceedings. Civil procedure – Authenticity of court records – parties must appear as in prior proceedings unless leave granted
14 August 2024
A prior dismissed mareva injunction did not bar a later temporary injunction because the remedies are distinct in nature and purpose.
Civil procedure – Res judicata (section 9 CPC) – whether earlier dismissal of a mareva (pre‑suit) injunction bars later temporary injunction – distinction between mareva injunction (pre‑suit statutory impediment) and temporary injunction (pending suit).
14 August 2024
Applicant failed to show good cause or prove illness/illegality to justify extension of time; application dismissed.
Civil procedure – extension of time – requirements for 'good cause' – necessity to account for delay and provide supporting evidence
14 August 2024
Res judicata inapplicable where prior tribunal decided unpaid purchase money, not ownership, and parties/causes differ.
Land law – res judicata – prior Ward Tribunal decision on unpaid purchase money does not bar later suit on ownership where parties and cause differ; suo motu rulings; discretionary award of costs.
14 August 2024
Prior DLHT decree binds; buyers are bona fide purchasers entitled to refunds, not ownership, and vendor bears costs.
Land law – effect of prior DLHT decree – whether present suit covers same subject matter – sales during pendency of earlier proceedings – bona fide purchaser for value – inability of vendor under dispute to pass good title – entitlement to refund with interest – dismissal for want of prosecution.
14 August 2024
Tenant’s prolonged rent default rendered him illegal occupant; eviction lawful and damage claims unproven, appeal dismissed.
Land law – tenancy – oral lease and its proof; rent default and eviction; trespass; burden of proof for specific damages under the Evidence Act; eviction without notice of illegal occupant.
13 August 2024
An application to stay proceedings was struck out for failing to obtain leave to depart from a binding scheduling order.
Civil Procedure – scheduling conference orders – Order VIII r.23 CPC – no departure or amendment of scheduling order without Court's leave unless necessary in interests of justice
13 August 2024
Applicant granted 14-day extension to file appeal due to late supply of judgment and difficulty securing counsel.
Land law – Extension of time – Good cause required to file appeal out of time – Delay due to late supply of proceedings and difficulty in securing counsel – Respondent’s general allegation of unexplained delay insufficient to defeat extension – No costs awarded.
13 August 2024
Appeal partly allowed: tribunal ordered to conduct locus in quo and obtain fresh assessors’ opinions before a new judgment.
Land law – easement/right of way – dispute over access and physical layout – role of locus in quo/site visit. Civil procedure – parties bound by pleadings versus holistic assessment of evidence; admissibility and weight of oral testimony. Tribunal procedure – assessors’ opinions should follow, not precede, a site inspection where physical inspection will assist fact-finding
13 August 2024
Parties mediated a land dispute and court entered consent judgment ordering defendants to pay TZS 30,000,000; costs each party.
Land dispute – unsurveyed parcel – judicial mediation – deed of settlement recorded as consent judgment – agreed compensation final and conclusive – costs each party to bear.
13 August 2024
Limitation began at the auction date; review unsuitable to re-evaluate legal interpretation; application dismissed with costs.
Limitation — accrual under s.5 Cap 89 — date of auction governs accrual; Fraud/mistake — s.26 Cap 89 postpones limitation only where fraud conceals right; Review procedure — error on face of record required; review not a substitute for appeal on points of law.
13 August 2024
Sickness can justify extension of time, but applicant must account for each day of delay or application will be dismissed.
Land law – extension of time to appeal – section 41(2) Land Disputes Courts Act – requirement to show "good cause". Civil procedure – extension of time – Lyamuya guidelines: account for delay, diligence, non‑inordinate delay, other sufficient reasons. Sickness as potential "good cause" – must be proved to have prevented timely action. Requirement to account for each day of delay – Bushiri principle. Exercise of judicial discretion to refuse extension where delay is unexplained
12 August 2024
Extension of time granted where brief judgment delivery and delayed supply of copies caused technical delay; no order as to costs.
Civil procedure – extension of time under s.11 Appellate Jurisdiction Act – application of Lyamuya factors (account for delay, inordinate delay, diligence, and illegality). Technical delay – brief oral delivery of judgment and delayed supply of certified copies can justify extension
9 August 2024
A tribunal’s "struck out" order where an applicant fails to attend to give evidence without good cause is to be treated as a dismissal under Regulation 11(1)(b).
Land law — District Land and Housing Tribunal — striking out vs dismissal — Regulation 11(1)(b) GN 174/2003 — absent applicant at hearing; Civil procedure — costs — tribunal silence on costs where successful party did not seek costs.
9 August 2024
Suit against government struck out for failure to serve mandatory 90‑day statutory notice on the Fourth Defendant.
Government proceedings – statutory precondition – section 6(2) Government Proceedings Act – ninety days’ notice to sue government required and mandatory; non-compliance renders suit incompetent and liable to be struck out; procedural objection to service of statutory notice can be determined at preliminary stage.
7 August 2024
Court struck out restoration application filed late in Land Division after wrongful filing at sub-registry and failure to refile promptly.
Civil procedure – restoration of dismissed suit – court-granted filing period – effect of filing at wrong registry and duty to refile promptly after registrar’s direction; distinction between court-ordered deadlines and statutory limitation periods; appropriate remedy for non-compliance (striking out vs dismissal under Limitation Act).
7 August 2024
Applicant proved customary ownership; village allocations to respondents were unlawful and eviction with costs ordered.
Land law – customary/ deemed right of occupancy – purchase under customary law – protection without formal title; Pleadings – parties bound by their pleadings – inadmissibility of unpleaded case; Burden and standard of proof in civil claims – credibility of documentary and oral evidence; Village land allocations – validity where land is already owned customarily; Remedies – declaration of ownership, eviction and costs.
7 August 2024
Court entered judgment on admission for the applicant based on the respondent’s admissions, excluding damages and costs.
Civil Procedure – Judgment on admission – Order XII Rule 4 CPC – effect of admissions in pleadings and in-court acceptance of claims. Land law – tenancy and lease – declaratory relief and injunction for peaceful enjoyment of premises. Relief limited where parties withdraw or exclude claims for damages and costs
6 August 2024
Prima facie trespass proved but failure to prove irreparable harm leads to refusal of injunction and dismissal with costs.
Injunctions – temporary injunction – Atilio v. Mbowe test – requirement of prima facie case, irreparable injury and balance of convenience – necessity of specific proof of irreparable loss in affidavit
6 August 2024
Decree holder may apply for execution by arrest using prescribed execution form; court decides whether to issue notice or warrant.
Execution of decree — Order XXI r.10(2) — prescribed form and contents of execution application; Civil Procedure Forms GN No.388/2017; execution by arrest and detention — discretion under Order XXI r.35 to issue notice to show cause or warrant; no requirement for chamber summons or affidavit explaining choice of execution mode; settlement clause permitting commitment reinforces competence of application.
6 August 2024
A High Court may correct clerical omissions in its decree under section 96 CPC despite a filed notice of appeal.
Civil procedure – Correction of clerical or arithmetical mistakes in judgment or decree – Section 96 Civil Procedure Code – accidental slip or omission. Appellate procedure – Effect of filing notice of appeal – High Court's jurisdiction generally ceases once notice of appeal lodged, but limited corrections to clerical errors remain permissible to complete appeal record
2 August 2024