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Citation
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Judgment date
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| September 2024 |
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Revision against Tribunal execution orders is incompetent where statute and regulations prescribe appeal; application struck out.
Land law – Challenge to execution orders – Whether execution orders of the District Land and Housing Tribunal are to be challenged by appeal or revision; Statutory interpretation – Land Disputes Courts Act s.38(1) and GN 173 of 2003 (Regs. 23–24) – appeal rights to High Court; Procedural competency – necessity to plead and justify departure from prescribed remedies.
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26 September 2024 |
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Acquisition and valuation without statutory notice and proper survey procedures rendered compensation void and acquisition nullified.
Land Acquisition Act — statutory notice and Gazette publication requirements; validity of valuation — adequacy of Valuation Form No.3 and surveyor's records; fair compensation — procedural compliance essential; procedural irregularities render acquisition and valuation void; entitlement to general damages requires evidentiary basis.
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26 September 2024 |
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Temporary injunction granted to restrain sale of alleged matrimonial property mortgaged without spousal consent pending main suit.
Land law – temporary injunction – maintenance of status quo ante to restrain sale of land pending main suit Matrimonial property – spousal consent to mortgage – alleged absence as ground for interim relief Civil Procedure – interim injunction – application of Attilio v Mbowe test Procedural – uncontested application/withdrawal of opposition and effect on relief granted
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26 September 2024 |
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Whether the respondent proved ownership of the disputed land by gift and sale on the balance of probabilities.
Land law – proof of title by gift and sale; Evidence – evaluation of oral testimony and corroborating documents; Civil standard – balance of probabilities; Appeal – re-hearing on first appeal.
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26 September 2024 |
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Unsigned sale agreement executed in a different locality undermined the respondent's proof of ownership; appeal allowed with costs.
Land procedure — compliance with prescribed form; non-compliance not fatal if not affecting substance and not raised at trial
Evidence — documentary: sale agreement must be signed, certain and connected to the property to prove transaction
Evidence — oral occupation: uncorroborated witness testimony may be insufficient to prove ownership on balance of probabilities. Locality of execution — agreement executed in different locality raises doubt as to its applicability to disputed land
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26 September 2024 |
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Unsigned, uncertain sale agreement and weak evidence defeated the respondent's ownership claim; appeal allowed with costs.
Land law – proof of title – reliability of sale agreement – unsigned agreement and execution at different locality undermine certainty of sale; Evidence – burden of proof – ownership must be proved on balance of probabilities; Procedure – minor procedural defects in tribunal filings that do not affect substance need not invalidate proceedings.
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26 September 2024 |
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26 September 2024 |
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A plaint must specify a sufficient description of land under Order VII r.3; failure renders the suit incompetent and struck out.
Civil Procedure — Description of immovable property — Order VII r.3 CPC — plaint must contain a description sufficient to identify the property; blanket descriptions are insufficient; defective plaint renders suit incompetent. Preliminary objection on locus standi not determined where suit struck out for defective plaint
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26 September 2024 |
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Appeal dismissed where appellants failed to prove pleaded claim and advanced a new case in testimony.
Land law – proof of title – parties bound by pleadings – inadmissibility of establishing a new case at trial – burden of proof on balance of probabilities – appellate review of factual findings.
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26 September 2024 |
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26 September 2024 |
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Appeal dismissed: respondent proved ownership by purchase and occupation; appellant’s village allocation documents were insufficient.
Land law – proof of ownership – purchase and occupation as evidence of title; village allocation documents – need for clear description, boundaries and size; evaluation of oral and documentary evidence – balance of probabilities; burden of proof on claimant; appellate reappraisal of factual findings.
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26 September 2024 |
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26 September 2024 |
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Court found only 215 sqm acquired and plaintiff entitled to possession of remaining 220 sqm; improvements already compensated.
Land acquisition — extent of acquisition; valuation and compensation for improvements — locus visit and documentary evidence; entitlement to remaining unacquired land and costs.
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26 September 2024 |
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Appeal allowed: tribunal proceedings quashed due to variance between pleadings and evidence and non‑joinder of estate administrator.
Land law – ownership dispute over village/hamlet land – competing purchase claims and alleged trespass/extraction of sand Civil procedure – parties bound by pleadings; evidence inconsistent with pleadings must be ignored Civil procedure – non‑joinder of necessary party (administrator of deceased vendor) as material irregularity Remedy – quashing and setting aside tribunal proceedings and ordering fresh institution with proper joinder
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26 September 2024 |
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The applicants partly succeed: court awards TZS 11,128,000 compensation plus TZS 10,000,000 damages, interest, and costs.
Land law – compulsory acquisition/compensation – distinction between separately referenced parcels (No. 018 and No. 019) – improper consolidation of land records and its prejudicial effect
Evidence – burden to prove payment of compensation – proof lacking that owners of No. 019 were compensated
Remedies – assessment of compensation without a formal valuation report; denial of speculative/exorbitant claims; award of nominal/general damages and interest
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26 September 2024 |
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Non-joinder of surveying, allocation and registration authorities renders a land suit incompetent and it is struck out.
Land law — Registered land — Allegation of fraudulent survey, allocation and registration — Necessary parties: Director of Survey & Mapping, Commissioner for Lands, Registrar of Titles — Tests for necessary party — Non-joinder renders suit incompetent — Remedy: strike out (not dismissal).
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26 September 2024 |
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Forgery allegation against spouse-consent unpleaded and unproven; appeal dismissed, each party to bear costs.
Land law – mortgage of matrimonial property – requirement of spousal consent and proof thereof. Civil procedure – allegations of forgery/fraud – must be specifically pleaded with particulars and sufficiently proved
Evidence – contradiction in oral testimony, absence of expert handwriting evidence and police complaint weakens forgery claims. Appeal review – appellate court may uphold Tribunal credibility findings where fraud is unpleaded and unproven
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26 September 2024 |
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A revolving credit facility payable by drawdowns is not breached when the borrower fails to request or repay a drawdown; default notice valid.
Contract interpretation — credit facility construed as revolving stock‑financing facility payable by drawdowns; Drawdown doctrine — each drawdown treated as separate loan payable within 90 days; Default notice — properly issued where borrower failed to repay drawdown; Evidence/pleadings — failure to rebut pleaded facts and to produce requested drawdown documentation supports concession; Remedies — no specific performance or damages where borrower is author of breach.
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25 September 2024 |
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Revolving loan drawdowns allowed tranches; failure to repay a tranche justified the bank's lawful default notice.
Banking law – credit facility – revolving/stock financing facility – drawdowns and repayment terms. Contract interpretation – facility terms requiring borrower instructions and separate drawdowns
Remedies – validity of default notices where a drawdown tranche is unpaid
Damages – borrower‑caused breach precludes recovery for alleged business loss
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25 September 2024 |
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Failure to have assessors give and read their opinions in open court renders the Tribunal's decision illegal; retrial ordered.
Procedural law – assessors' participation – requirement that each assessor give written opinion and that such opinions be read to parties before judgment; Non‑compliance with s.23(1)&(2) of Land Disputes Courts Act and Reg.19(2) – fatal irregularity; Remedy – quash judgment and order retrial before new Chairperson and assessors.
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25 September 2024 |
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Plaintiff failed to prove title; tribunal's unpleaded declaration of defendant's ownership quashed.
Land law – ownership dispute – burden of proof on plaintiff to prove title and trespass; documentary evidence must identify location, size and neighbours; tribunal must not grant unpleaded declarations of ownership (no cross-suit).
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25 September 2024 |
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A suit may be struck out as constructively res subjudice where a prior suit raises the same issue between parties.
Civil procedure – res sub judice – s.8 Civil Procedure Code – constructive res sub judice where suits concern same property and arise from same facts – overlapping parties – striking out suit with costs.
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25 September 2024 |
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25 September 2024 |
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An application lacking sufficient description of an unsurveyed parcel is incompetent and cannot yield an executable decree.
Land law – Pleadings – Description of immovable property – Unsurveyed land must be described by size, boundaries or neighbours – Order VII r.3 CPC and Reg.3(2)(b) GN.174/2003 – Pleadings bind parties – Defective description renders proceedings incompetent and decree unenforceable.
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25 September 2024 |
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Failure to join the registered owner as a necessary party renders the proceedings incompetent and justifies quashing the tribunal's judgment.
Land law – Non-joinder of necessary party – Registered owner with proprietary interest must be joined where its rights are directly affected; omission renders proceedings incompetent and decree ineffective – reliance on Court of Appeal authority on necessary parties and Rule 9/Order 1 principles.
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24 September 2024 |
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Applicants failed to satisfy Atilio injunction criteria; alleged losses were compensable, so injunction refused.
Civil procedure – temporary injunctions – requirements under Atilio v Mbowe – prima facie case, irreparable injury, balance of convenience. Adequacy of damages – financial loss and demolished fixtures may be compensable, negating irreparable harm. Dispute over lease existence and parties’ privity/standing to claim relief over land
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24 September 2024 |
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24 September 2024 |
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Disputes over execution of a consent decree must be determined by the executing court; injunctions in a fresh suit are impermissible.
Civil procedure — Execution of decree — Section 38(1) CPC — Questions relating to execution, discharge or satisfaction of a decree to be determined by the executing court; court functus officio; injunctions cannot restrain execution of a valid decree arising from a consent settlement.
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24 September 2024 |
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Plaintiff’s vague description of unsurveyed land in the plaint resulted in striking out the suit for non‑compliance with Order VII Rule 3.
Civil Procedure — Order VII Rule 3 CPC — Description of immovable property — Unsurveyed land requires neighbours/boundaries or sufficient locating particulars — Deficient plaint may be struck out — Defendant’s denial does not cure defective description.
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24 September 2024 |
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Non-joinder of the Registrar of Titles renders the applicant's suit seeking removal from the land registry incompetent.
Land law – Cancellation of Certificate of Title – Non-joinder of Registrar of Titles – Necessary party – Competence of suit – Court’s duty to join parties suo motu.
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23 September 2024 |
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Specific damages must be strictly proved; tribunal’s speculative awards set aside, general damages for lease breach upheld.
Land law – lease and sale – breach of lease by sale during subsisting term – general damages for breach; Civil procedure – proof of special damages requires strict, specific evidence; faded/illegible receipts and contradictory witness testimony cannot support specific damages; non-joinder of co-owner not necessarily fatal.
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23 September 2024 |
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Appellate court found sale evidence contradictory, upheld mortgage validity, ordered stamp duty payment and allowed the appeal.
Land law – ownership disputes; admissibility of instruments – unstamped sale agreement – Stamp Duty Act s.47 and remedy under s.73 Civil Procedure Code; evaluation of evidence – contradictions in documentary and oral evidence; nemo dat quod non habet – validity of mortgage versus alleged prior sale; appellate substitution of findings.
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23 September 2024 |
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A suit to restrain a registrar's intended cancellation/transfer is premature; the statutory appeal under section 102 must be used.
Land law — Appeal against Registrar of Titles — Section 102 Land Registration Act — Requirement to give notice of intention to appeal and time limits — Prematurity of injunctive relief against administrative action prior to decision — Suit incompetence and striking out.
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23 September 2024 |
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23 September 2024 |
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Court lacked jurisdiction to extend time to revive an appeal already dismissed after parties were heard (functus officio).
Land law – appeal dismissed for want of prosecution – application for extension of time to seek re-hearing – functus officio – whether court retains jurisdiction to set aside its dismissal order – inherent powers to revive proceedings.
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23 September 2024 |
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23 September 2024 |
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Stay of execution refused as application was overtaken by events after dismissal of the extension application; no pending proceedings.
Civil procedure – Stay of execution – Requirement that proceedings be pending for a stay to lie – application overtaken by events where underlying extension application dismissed. Civil procedure – Extension of time – dismissal of extension application renders related stay application moot. Alleged irregularities in judgment (non‑joinder, corrected judgment, assessors) not sufficient to sustain stay once extension application dismissed
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20 September 2024 |
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20 September 2024 |
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Neither claimant proved lawful title to Plot No. 787; defective allocation and transfer documents led to dismissal.
Land law – title disputes: validity of offer letters, compliance with offer conditions, lawful allocation and transfer – requirements of Land Act s.39(1) – evidentiary defects (backdating, inconsistent receipts, missing signatures) – double allocation and priority – indefeasibility contingent on lawful compliance.
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20 September 2024 |
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20 September 2024 |
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Second appeal dismissed: concurrent factual findings and minor procedural defects do not vitiate Ward Tribunal decisions.
Land law – ownership dispute – administrator’s claim to estate land; burden of proof in civil claims; evidence on balance of probabilities. Civil procedure – non-joinder of third party in Ward Tribunal – plaintiff’s duty to join; Cap 33 inapplicable to Ward Tribunals. Tribunal composition – coram and gender balance – section 4(3) governs adjudication; no strict gender quota
Jurisdiction – pecuniary jurisdiction requires evidence of value; jurisdiction cannot be raised on appeal without trial evidence. Locus in quo and procedural irregularities – minor defects not fatal absent prejudice
Appeals – second appeal limited; court will not re-evaluate concurrent factual findings without compelling reasons
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20 September 2024 |
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Withdrawal of a prematurely filed application before attachment does not bar later objection proceedings by res judicata.
Civil procedure — Res judicata — Whether withdrawal of a prematurely filed application (prior to attachment) bars subsequent objection proceedings — res judicata inapplicable where no cause of action existed
Execution — Objection proceedings — Right to institute objection to attached property accrues upon valid attachment (Order XXI r.57). Procedural law — Order XXIII(4) — Withdrawal rules do not apply to proceedings in execution
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20 September 2024 |
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Failure to include all parties in ward mediation certificate and withdrawal without leave precluded fresh land claim.
Land law – requirement of ward tribunal mediation under section 13(4) – certificate must reflect mediation of all parties. Civil procedure – withdrawal of suit or counterclaim without leave to refile – precludes fresh suit (Order XXII r.1(3) CPC)
Jurisdiction – fundamental procedural requirements cannot be bypassed by overriding objective. Procedural fairness – tribunal observations not amounting to suo motu decision where not relied upon to determine objections
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20 September 2024 |
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Non-joinder of land registration authorities in a suit affecting registered title renders the suit incompetent and is fatal.
Land law – registered land – declaration of ownership and eviction – where title and validity of grant are in issue the Commissioner for Lands and Registrar of Titles are necessary parties; failure to join them renders suit incompetent.
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19 September 2024 |
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Interim injunction refused: prima facie issues found, but irreparable harm and balance of convenience not established; application dismissed with costs.
Injunctions – interim relief – requirements: prima facie case; irreparable injury; balance of convenience
Mortgage/foreclosure – legality of public auction and transfer; ownership dispute. Damages versus irreparable loss – monetary compensation may negate need for injunction
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19 September 2024 |
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Valid sale and possession confer ownership; mistaken demarcation-created title is invalid and constitutes trespass, injunction granted.
Land law – sale agreement and possession – mistaken demarcation and issuance of certificate of title – trespass – declaration of ownership and permanent injunction – ex parte proceedings after defendants’ default – unproven claim for damages dismissed.
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19 September 2024 |
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A resurvey conducted without involving an interested party is a nullity; recovery‑of‑land claim was not time‑barred.
Land law – boundary dispute – nature of relief determines limitation period (land recovery v. tort for trespass); Limitation Act – recovery of land attracts 12‑year limitation; Administrative procedure in land surveys – duty of land officers/surveyors to involve all interested parties; Resurvey conducted without participation of an interested party is a nullity and vitiates judgments based on it.
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19 September 2024 |
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19 September 2024 |
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Applicant failed to show sufficient cause or account for delay; extension of time to appeal dismissed with costs.
Civil procedure — Extension of time — Discretionary relief requires sufficient cause — Applicant must account for each day of delay (Bushiri principle) — Lack of documentary proof of supply of ruling undermines claim of delayed receipt.
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19 September 2024 |
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Spouse-consent signed by a disclosed spouse satisfied statutory requirement; general damages award without reasons set aside.
Land law – mortgage over land – spouse consent under section 114(1) Land Act – validity of mortgage where a spouse-consent form is produced
Evidence – extent of mortgagee’s duty to investigate mortgagor’s marital status once a spouse-consent is disclosed. Matrimonial/home status – timing of acquisition of land relative to marriage and proof required to show property is a matrimonial home
Remedies – awards of general damages must be supported by reasons and evidence
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18 September 2024 |