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Citation
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Judgment date
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| November 2024 |
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Court granted extension to file revision where tribunal allegedly decided ownership without hearing and illegality was apparent.
Land law – extension of time to file revision – illegality on the face of the record – right to be heard – lack of knowledge of judgment – authorities: VIP Engineering (illegality as sufficient cause).
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29 November 2024 |
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Tribunal’s dismissal upheld but respondent’s ownership declaration quashed; presumption of owner’s death raises risk of ownerless property.
Land dispute — ownership — failure to tender pleaded documents and summon material witnesses — adverse inference; Probate/matrimonial overlap — presumption of death after five years (s161 Law of Marriage Act; s117 Evidence Act) — risk property becoming ownerless; Tribunal’s competence to determine ownership challenged but declaration of ownership quashed; appeal dismissed.
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29 November 2024 |
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A suit dismissed for want of prosecution cannot be refiled; the correct remedy is to apply to set aside the dismissal.
Civil procedure – res judicata – effect of earlier dismissal for want of prosecution – subsequent refiling constitutes constructive res judicata. Civil procedure – remedies – dismissal for want of prosecution – proper remedy is an application to set aside the dismissal, then appeal if refused. Land Disputes Courts Regulations (2003) – Regs 11 and 15 – procedure on non-appearance and dismissal for want of prosecution.
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29 November 2024 |
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A plaint must state when the cause of action arose; omission renders the suit incompetent and it is struck out with costs.
Civil Procedure – Pleadings – Order VII r.1(e): a plaint must state the facts constituting the cause of action and when it arose; annexures cannot substitute for missing particulars; failure renders suit incompetent and liable to be struck out.
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28 November 2024 |
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A plaint must state when the cause of action arose; failure renders the suit incompetent and subject to being struck out with costs.
Civil procedure — Pleading requirements — Order VII r.1(e) — Plaintiff must plead facts constituting cause of action and when it arose; annexures cannot cure omission — Failure to state when cause of action arose renders plaint incompetent and suit liable to be struck out.
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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A single title wrongly issued over two separately sold semi‑detached units is ineffectual; plaintiff owns one unit.
Land law – subdivision/semi‑detached units – error in issuing single title over two separately sold units; tenancy‑purchase transfers; proof of fraud in civil suits requires higher standard; declaration of ineffectual title; owner of unit entitled to declaration and costs.
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28 November 2024 |
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Court granted Mareva injunction where prima facie ownership dispute, risk of irreparable loss, and balance of convenience favored the applicant.
Land law — Mareva/freezing injunction — interim relief pending 90‑day statutory notice to sue Government; Atilio v Mbowe test: prima facie case, irreparable harm, balance of convenience; disputed title and alleged forged sale agreement.
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28 November 2024 |
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A special power of attorney limited to tribunal proceedings does not confer locus standi to sue in the High Court.
Land law – locus standi – special power of attorney limited to Land and Housing Tribunal proceedings does not confer authority to institute separate High Court suit; substantive nature of locus standi; overriding objective cannot cure substantive defects; name discrepancy in power of attorney raises doubt as to authorization.
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28 November 2024 |
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Failure to describe the suit land's size and boundaries renders the tribunal's proceedings and orders null and void.
Civil Procedure — Description of immovable property — Order VII Rule 3 CPC — Sufficiency of size and boundaries in plaint; Land law — Executability of decrees; Jurisdictional nullity — Tribunal erred where property not identified; Revisionary powers — Section 43 Land Disputes Courts Act (Cap 216 R.E.2019).
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28 November 2024 |
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Executing tribunal exceeded its jurisdiction by making new orders and appointing a broker; those orders were set aside.
Execution of decree – limits of executing court – executing court cannot add or vary decree – appointment of court broker/valuer – unlawful attachment and sale of judgment debtor's property where not decreed – remedy: set aside and remit execution to different chairperson.
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28 November 2024 |
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A Written Statement of Defence verified by someone other than the defendant breaches Order VI Rule 15 and may be struck out with costs.
Civil procedure – Pleadings – Verification of pleadings – Order VI Rule 15 Civil Procedure Code – Written Statement of Defence improperly verified by another person – Defective pleading – Strike out – Costs awarded.
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27 November 2024 |
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A written statement of defence improperly verified is defective and may be struck out with costs.
Civil Procedure — Written Statement of Defence — Verification — Order VI Rule 15 CPC — Defective pleading verified by improper person — Striking out — Costs.
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27 November 2024 |
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Extension of time granted to appeal an ex‑parte land judgment due to alleged illegality; preliminary objections dismissed.
Land law – extension of time to appeal – s.41(1) LDCA – ex‑parte judgments – right to appeal under s.70(2) CPC – illegality as sufficient cause for extension – res judicata and functus officio – preliminary objections on affidavit veracity require evidence.
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26 November 2024 |
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Appeal partly allowed: sale of one mortgaged property upheld; tribunal wrongly nullified the other auction on flawed grounds.
Contract law – mortgage sale conditions – extent of "involvement" by bank officer and constructive notice; Land law – recovery by sale of mortgaged property – statutory notice and public auction publication; Evidence – reliance on outdated valuation reports for pricing determinations; Statutory protection – purchaser protection under section 135(3) of the Land Act; Civil procedure – counterclaim dismissal; appellate review of Tribunal findings.
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26 November 2024 |
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Extension of time to appeal refused where Court of Appeal’s stay and concurrent proceedings made the application an abuse of process.
Land law – extension of time to appeal under s.41(1),(2) Land Disputes Courts Act; requirements for sufficient cause and accounting for delay; effect of Court of Appeal stay on subsequent extension application; abuse of process and forum shopping.
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26 November 2024 |
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Contradictory affidavit allegations defeated extension of time; taxing officer's decision upheld.
Advocates Remuneration Order — extension of time; service of written submissions — whether non-service amounts to illegality; affidavits tainted with falsehoods — cannot support relief; credibility and consistency of sworn statements.
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26 November 2024 |
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Court granted temporary injunction restraining respondents from auctioning disputed residential property pending main suit determination.
Civil procedure – Temporary injunction – Application of Atilio v. Mbowe three-fold test (prima facie case, irreparable loss, balance of convenience) – Restraint on auctioning disputed residential property pending determination of main suit. Contract/default – Alleged contractual right to sell on default – Whether such issue should be determined at interlocutory stage or in main suit.
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26 November 2024 |
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Application to extend time to set aside ex‑parte order struck out for omitting co‑defendants and misjoinder.
Land procedure – Application to extend time to set aside ex‑parte order – Misjoinder and omission of co‑defendants – Parties in subsequent proceedings must mirror original proceedings unless properly changed – Court may strike out incompetent application and may raise misjoinder suo motu.
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26 November 2024 |
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Failure to state the plaint’s subject-matter value (Order VII r.1(i)) renders the suit incompetent and it is struck out.
Civil procedure — Pleadings — Order VII Rule 1(i) CPC — Requirement to state value of subject matter for jurisdiction and court fees — Failure to state value renders plaint incompetent; Government party does not excuse requirement.
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26 November 2024 |
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A judgment deciding a limitation point suo motu without hearing parties is a nullity and must be quashed.
Civil procedure – right to be heard (audi alteram partem) – tribunal raising limitation suo motu in judgment without calling parties to address – decision without hearing is a nullity – quash and remit for rehearing.
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26 November 2024 |
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25 November 2024 |
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Appeals against execution orders are incompetent; revision is the appropriate remedy for execution-related grievances.
Land Law - Appeal against execution order - Procedural irregularities in execution - Revision preferred over appeal.
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25 November 2024 |
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Suit dismissed as res judicata and for failure to serve mandatory 90‑day statutory notice to a government defendant.
Civil procedure – res judicata (Section 9 CPC) – dismissal for non‑appearance acting as final determination unless set aside; technical res judicata; Government Proceedings Act s.6(2) – mandatory 90‑day statutory notice to public authorities; proof of service as condition precedent to competent suit.
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25 November 2024 |
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The applicant's failure to aver service of mandatory 90‑day government notice renders the suit incompetent.
• Government Proceedings Act s.6(2) – mandatory 90‑day pre‑action notice to Attorney‑General and government entity – must be expressly averred in the plaint.
• Pleading requirements – annexures cannot substitute for a clear averment of statutory compliance.
• Land Registration Act s.102 – 30‑day notice to Registrar applies only where there is a written decision, order or act by the Registrar.
• Jurisdiction – absence of a specific statute ousting jurisdiction means the High Court may entertain reliefs even if administrative in nature.
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25 November 2024 |
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A lawful settlement lodged in court is recorded as a consent judgment, binding the applicant and respondent to its terms.
Civil procedure – Consent judgment – Recording and incorporation of deed of settlement under Order XXIII r.3 CPC. Settlement – Effect and binding nature of recorded Deed of Settlement – bars subsequent suits arising from same cause of action. Contractual terms recorded – rent payment obligation, conditional purchase option, termination on non‑payment, vacatur obligation. Costs – each party to bear its own costs.
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25 November 2024 |
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High Court set aside tribunal’s plot‑exchange remedy, declared the appellant owner, ordered vacation, and increased damages to TZS 10,000,000.
Land law — certificate of title as prima facie evidence of ownership; jurisdictional limits of Land Disputes Courts — exchange of plots as remedy; civil procedure — competency of appeal where decree not annexed but available on record; abuse of process — concurrent bill of costs and appeal; tort — trespass and assessment of general damages.
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25 November 2024 |
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Consent judgment records plaintiff as rightful owner, orders transfer, partial land surrender and registration adjustments.
Land law – Ownership dispute over registered title – Consent judgment following mediation – Order for transfer of possession and registration adjustments. Survey and registration – Commissioner for Lands and Director of Mapping and Survey required to cooperate in surveying, boundary adjustment and re-registration. Settlement – Plaintiff’s partial surrender of 74.13 sqm to another defendant; waiver of costs and recording of settlement in land records.
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25 November 2024 |
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An advocate who attested an affidavit cannot thereafter represent that party in the same proceedings; application struck out.
Notaries Public and Commissioners for Oaths Act s.7 – advocate who attests affidavit barred from representing that party in same proceedings; attestation renders commissioner a potential witness; mandatory statutory bar not cured by overriding objective.
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25 November 2024 |
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Appeal dismissed; tribunal’s jurisdiction, ownership finding and decree upheld; administratrix’s claim sustained.
Land law – limitation period and accrual of cause of action for recovery of land; Evidence – proof of ownership, credibility and locus in quo inspection; Pleadings – sufficiency of property description; Locus standi – administrator’s capacity to sue; Decree – clarity and executability; Procedural irregularity – clerical error vs substantive defect.
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25 November 2024 |
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Appellate court set aside tribunal decision and remitted the matter for retrial to consider force majeure and re-evaluate evidence.
Land law – Contract frustration/force majeure – Government directive altering market conditions; Civil procedure – framing of issues and discretion to consider issues arising by implication; Evidence – requirement for tribunal to evaluate and analyze credibility and relevance; Remedy – setting aside defective judgment and ordering retrial.
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25 November 2024 |
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Extension of time denied where applicant failed to account for delay and show arguable illegality in impugned judgment.
Civil procedure – extension of time – application under AJA s.11(1) – whether technical delay and clerical error by Deputy Registrar justify enlargement of time. Withdrawal of appeal – effect of withdrawal without leave to re-file – applicability of Order XXIII Rule 1 CPC to Court of Appeal proceedings. Law of Limitation – exclusion of time spent prosecuting other proceedings (s.21(2) LLA) – requirement to account for each day of delay. Requirement to show diligence and arguable illegality to obtain extension of time.
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25 November 2024 |
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Interim injunction refused where applicant failed to prove irreparable, non‑compensable loss and cumulative Atilio requirements.
Injunctions – interlocutory relief – Atilio v Mbowe test (triable issue, irreparable loss, balance of convenience) – irreparable loss must be non-compensable by damages – proof of triable issue by affidavit under Order XXXVII r.1 – public road designation contested.
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25 November 2024 |
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Appeal dismissed: no proof of joint matrimonial ownership; mortgagee validly relied on mortgagor’s spouse-consent; no prejudice from procedural change.
Family law – Matrimonial property – Proof of joint acquisition under Law of Marriage Act s.114(1) – need for documentary evidence of contribution. Land law – Mortgagee’s duty under Land Act s.114(3) – reliance on mortgagor’s affidavit/spouse consent and discharge of further investigation duty. Civil procedure – Change of presiding officer – Order XVIII r.10 CPC and s.45 Land Disputes Courts Act – procedural irregularity not ground for reversal absent failure of justice. Evidence – burden to prove ownership and rebut mortgage documentation.
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25 November 2024 |
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Court granted extension to restore suit after wrong-registry filing, imposing conditional payment to respondent.
Extension of time – restoration application – filing in wrong registry as technical delay – accounting for delay – conditional payment to respondent to compensate inconvenience.
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22 November 2024 |
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The respondent’s land recovery claim was time‑barred by the appellants’ adverse possession exceeding 12 years.
Limitation of actions – Land recovery – Item 22 Part I, Law of Limitation Act – accrual of action under s.9(2) – adverse possession elements – when possession bars recovery after 12 years.
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22 November 2024 |
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Land tribunal had jurisdiction to determine unlawful eviction claims and award related damages; appeal dismissed and costs awarded.
Land law – unlawful eviction – civil remedies and damages for loss arising from eviction; Jurisdiction – pecuniary jurisdiction of District Land and Housing Tribunal determined by pleaded value; Evidence – admissibility of documents under GN 173 permitting production during hearing; Procedural law – functus officio limitation does not bar re‑admission of a correct original document before conclusion of hearing; Contract/tenancy – written tenancy agreement as basis for protection against eviction
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22 November 2024 |
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Applicant failed to provide sufficient reasons or supporting evidence for delay; extension of time refused.
Extension of time – requirement to show sufficient reasons and account for each day of delay – absence of supporting documents (passport, power of attorney, medical report, donee's affidavit) – application dismissed.
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22 November 2024 |
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The applicant's claim was dismissed as res judicata due to a prior in rem ownership judgment; non-joinder noted.
Civil procedure — Res judicata — Earlier judgment in rem declaring ownership — Subsequent suit barred under section 9 Civil Procedure Code. Civil procedure — Non-joinder — Registrar of Titles as necessary party — effect is incompetence and striking out. Remedy — Dismissal for res judicata takes precedence over striking out for non-joinder; costs: each party to bear own costs.
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21 November 2024 |
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A Deed of Settlement restructuring mortgage was adopted as a consent judgment; securities remain until full payment and default triggers acceleration.
Civil procedure – Consent judgment – Parties’ Deed of Settlement recorded and adopted as court decree – enforceability of settlement terms. Security law – Mortgage, debenture and guarantees to remain in force until full payment despite restructuring. Contract/enforcement – Acceleration/default clause enforceable on default permitting sale and execution without further proceedings.
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21 November 2024 |
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21 November 2024 |
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An appeal against the Registrar's mere intention to rectify land titles is premature and was struck out with costs.
Land Registration Act – appealability – Section 102: appeal lies against a decision, order or act of the Registrar; intention to rectify is not appealable. Section 101: requirement for written decision/order and reasons. Procedural fairness – right to be heard (section 99) not finally adjudicated where no written act/decision exists.
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21 November 2024 |
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A breach-of-lease claim seeking only monetary reliefs without possessory or usage rights is not a land dispute for the Land Division.
Land jurisdiction — scope of 'matters concerning land' — lease disputes — distinction between claims seeking possessory/usage rights and pure monetary claims for breach of lease — jurisdictional allocation between High Court (Land Division) and district courts (Land Act s.107).
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20 November 2024 |
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Revision challenging tribunal jurisdiction and denial of hearing dismissed; sale executed after proceedings and objection hearing foreclosed revision.
Land law – Revision under Land Disputes Courts Act – Pecuniary jurisdiction of Ward Tribunal – timing and proof of property valuation (sale agreement vs valuation report) – Right to be heard – objection proceedings as avenue to be heard – Proper remedy after objection proceedings – Alleged reliefs not prayed for.
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20 November 2024 |
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20 November 2024 |
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20 November 2024 |
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19 November 2024 |
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Extension of time granted: time spent on a struck-out but timely suit constituted technical delay, justifying relief.
• Limitation law – extension of time under section 14(1) Law of Limitation Act – requirement to show reasonable or sufficient cause. • Procedural law – technical delay: time spent prosecuting a struck-out but timely instituted suit can justify extension. • Jurisdiction – striking out of earlier suit does not render the court functus officio as to subsequent applications. • Illegality – alternate ground unnecessary once technical delay established.
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19 November 2024 |
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19 November 2024 |