|
Citation
|
Judgment date
|
| November 2024 |
|
|
Applicant's exclusion from eviction proceedings and DLHT’s overreaching execution order vitiated the proceedings; revision granted.
Land law – execution of decree – scope of executing court – executing court must not go behind or alter decree; Civil procedure – revision under s.43 Land Disputes Courts Act and s.95 CPC – apparent error on the face of record; Natural justice – right to be heard – necessary party/joinder where co-owner has direct interest; DLHT procedures – eviction orders and limits of execution.
|
19 November 2024 |
|
Eviction/demolition notices by an unappointed executor on parcels not named in the decree were invalid; buildings not liable for demolition.
Objection proceedings (Order XXI r.57 CPC) – execution of decree – appointment of court broker/executor – requirement for clear description of immovable property in plaint/decree – protection of non-parties with interest in property against improper attachment or eviction.
|
19 November 2024 |
|
Appeal dismissed with costs for being filed two days outside the statutory 45‑day appeal period.
Appeals — Limitation — statutory 45‑day appeal period under s.41(2) Land Disputes Courts Act — failure to apply for extension of time — Law of Limitation Act s.3(1) mandates dismissal of time‑barred proceedings.
|
19 November 2024 |
|
An appeal omitting a party to the original proceedings is incompetent and was struck out for violating the right to be heard.
Civil procedure – Appeal competency – Omission of a party from appeal; Natural justice – audi alteram partem; Right to be heard; Appeal struck out where an original party omitted.
|
19 November 2024 |
|
A ward tribunal secretary’s participation in hearings as a member renders the tribunal’s decision illegal and void.
Local government law – Ward Tribunal composition – Secretary is an employee and not a tribunal member; participation in adjudication vitiates proceedings. Procedural law – irregular tribunal composition – decision signed/endorsed by non-member is illegal and null. Appellate duty – District Land and Housing Tribunal must correct trial tribunal composition defects on appeal.
|
19 November 2024 |
|
Secretary's participation in Ward Tribunal proceedings vitiated the decision; appellate court must correct such composition irregularity.
Ward Tribunal composition – participation of secretary – secretary is not a member under s.4 of the Ward Tribunal Act – participation vitiates decision; appellate duty to correct irregularity; quash and set aside proceedings; fresh filing permitted.
|
19 November 2024 |
|
Suit enforcing a loan secured by land struck out for lack of Land Division jurisdiction and defective verification clause.
Jurisdiction – Division of High Court – whether enforcement of a commercial loan secured by land constitutes a land dispute; Civil Procedure – Order VI, Rule 15(2) – mandatory verification of each paragraph of pleadings; Procedural law – substantive defects in verification not curable by overriding objective; Forum non conveniens within High Court divisions.
|
18 November 2024 |
|
Appeal allowed: tribunal judgment set aside for reliance on unfiled counterclaim, improperly admitted secondary evidence and hearsay.
Civil procedure – non-joinder – removed party after compromise does not automatically render appeal incompetent. Civil procedure – counterclaim – relief cannot be granted on a counterclaim not formally pleaded or filed. Evidence – secondary evidence/photocopy – procedural requirements must be complied with when admitting secondary documents. Evidence – hearsay – testimony about ownership by a local leader is inadmissible hearsay absent corroboration or testimony from the owner. Pleadings and issues – tribunal must confine decision to framed issues; reliance on extraneous matters is procedural irregularity. Land law – occupation/priority – evidence of earlier sale and occupation establishes priority.
|
18 November 2024 |
|
Applicant allowed to withdraw land application without costs because it was unserved and at an early stage.
Civil procedure – Withdrawal of application – Applicant’s right to withdraw vs respondent’s interest; unserved application; costs; Order XXIII Rules 1 and 2, Civil Procedure Code, R.E.2019.
|
18 November 2024 |
|
The plaintiff may withdraw an early-stage land suit without costs where non-joinder of a necessary party renders it incompetent.
Civil procedure – Withdrawal of suit – Plaintiff’s right to withdraw balanced against defendant’s interest – Non-joinder of necessary party (Registrar of Titles) – Discretion to order costs.
|
18 November 2024 |
|
Land dispute settled with defendant agreeing to pay TZS 350,000,000, resolving claims and withdrawing the suit.
Land law – Breach of memorandum of understanding – Ownership of property – Settlement and withdrawal of suit through consent order.
|
18 November 2024 |
|
Illegality from non-joinder justified extension of time for the applicants to file a revisional application (14 days).
Civil procedure — Extension of time — Illegality (non-joinder of necessary parties) as sufficient ground for extension. Civil procedure — Compliance with procedural orders — written submissions and reliance on pleadings. Land law — Determination of necessary parties in land proceedings and consequences of non-joinder.
|
18 November 2024 |
|
Applicant permitted to withdraw application at an early stage; withdrawal allowed without an order as to costs.
Civil procedure – Withdrawal of proceedings – Applicant entitled to withdraw application at any stage – Court must balance applicant’s right with respondents’ interest in costs – Withdrawal allowed at early stage without order as to costs.
|
18 November 2024 |
|
The applicant's request to withdraw the application was granted, marked withdrawn with leave to refile and no costs ordered.
Civil Procedure – Application withdrawal – Right to withdraw an application – Consideration of costs incurred by respondents – Balance of rights and interests.
|
18 November 2024 |
|
Court records and gives effect to a deed of settlement resolving a boundary dispute, orders remedial works and re-survey, and withdraws the suit.
Civil procedure – Consent judgment – Recording of deed of settlement under Order XXIII r.3 – Boundary dispute – Specific performance by removal of structures and re-survey obligations – Settlement effective from lodgement date and binding on subsequent suits.
|
18 November 2024 |
|
Court upheld instruction fee but reduced transportation allowance due to insufficient documentation.
Advocates Remuneration Order – Taxation of costs – Whether Taxing Officer erred in principle; reasonableness of instruction fees; sufficiency of documentation for transportation allowances; limited judicial interference with taxation decisions.
|
18 November 2024 |
|
|
15 November 2024 |
|
|
15 November 2024 |
|
|
14 November 2024 |
|
|
14 November 2024 |
|
Inadequate, blanket description of unsurveyed suit land rendered the Tribunal’s proceedings and decision null and void.
Land law – Description of immovable property – Order VII Rule 3 CPC – Blanket/approximate description insufficient – Unsurveyed land requires boundaries – Defect renders proceedings/decision null and void – Revision under s.43 Land Disputes Courts Act.
|
14 November 2024 |
|
A land court lacks jurisdiction to grant administrative orders compelling delivery of a certificate of title; suit struck out.
Jurisdiction – Land Division – Whether administrative/prerogative orders (compelling delivery of a certificate of title) fall within land court jurisdiction under s.3 LDCA and s.167 Land Act. Nature of relief – Administrative vs. land remedy – substance of the order determines cognizability. Mortgage/commercial character insufficient to convert administrative relief into a land dispute. Preliminary objection – lack of jurisdiction – striking out with costs.
|
13 November 2024 |
|
Appellant’s title found improperly acquired; dismissal of ownership claim upheld but un‑pleaded surrender order quashed.
Land law — ownership dispute — certificate of title prima facie evidence but liable to be set aside if procured by fraud/encroachment; survey irregularities and municipal inquiry; appellate re-evaluation of evidence; courts must not grant un‑pleaded relief; surrender/revocation of title governed by Land Registration Act.
|
13 November 2024 |
|
Alleged forgery of spouse consent requires particular pleading, higher proof and police inquiry; appellant failed to discharge onus, appeal dismissed.
Land law – spouse consent for mortgage (s.114(1)(a) Land Act); civil procedure – allegation of forgery must be specifically pleaded with particulars; evidence – allegation of fraud/forgery requires higher standard of proof; evidence – court may compare disputed writings; probative effect diminished where alleged forgery not reported to police for forensic examination.
|
12 November 2024 |
|
Prima facie case shown but failure to prove irreparable harm led to dismissal of injunction application without costs.
Civil procedure – interlocutory injunction – application under s.68(e), s.95 and Order XXXVII Rules 1(a) & 2(1) CPC; Test for temporary injunction – Atilio v Mbowe: prima facie case, irreparable injury, balance of convenience; Applicant established prima facie triable issue but failed to prove irreparable harm; Sale and transfer to third party relevant to relief sought; Application dismissed without costs.
|
12 November 2024 |
|
A High Court dismissed a revision as time‑barred where the applicant delayed challenging an ex‑parte consent judgment.
Land law – Revision of Tribunal decisions – competency and limitation period for filing revision; District Land and Housing Tribunal Regulations 2003 – Regulation 11(2) – time limit to apply to set aside ex‑parte orders; Limitation – Law of Limitation Act, Cap 89 – dismissal of matters filed out of time; Consent judgments and execution – effect of delayed challenges to ex‑parte/consent orders.
|
12 November 2024 |
|
|
8 November 2024 |
|
Extension of time granted for revision due to technical delay and denial of right to be heard.
Land law – extension of time to file revision; technical delay – prosecution of related proceedings in wrong forum; Law of Limitation Act s.21(1) – exclusion of time; illegality/denial of right to be heard as sufficient cause; affidavit formalities – joint jurat and hearsay; preliminary objections – form versus substance.
|
8 November 2024 |
|
Delay in obtaining court copies constituted sufficient cause to grant a 14‑day extension to file the appeal.
Extension of time – Law of Limitation Act s.14(1) – discretion to grant extension – requirement of sufficient cause. Procedural delay – failure to obtain copies of ruling – sufficiency of explanation for delay. Civil procedure – extensions to file appeals – costs to follow event.
|
8 November 2024 |
|
An application supported by an affidavit sworn by a non-applicant and merely verified by applicants is defective and struck out with costs.
Civil Procedure — Chamber summons — affidavit requirement (Order XLIII r 2) — Verification of pleadings/affidavits (Order VI r (1) & (3)) — Affidavit sworn by non-applicant and verified by others without joint affidavit designation is defective — Defective affidavit renders application incompetent; struck out with costs.
|
6 November 2024 |
|
A contractual dispute over building construction is not a land dispute; Land Division lacks jurisdiction, suit struck out.
Land law — Jurisdiction of High Court Land Division — Nature of 'land dispute' — Contract for construction/occupation does not necessarily create a land dispute — Court must determine jurisdiction at outset — Limitation point not decided once lack of jurisdiction established.
|
6 November 2024 |
|
Mareva injunction dismissed as constructive res judicata because prior final judgment adjudicated the same land title.
Res judicata — constructive res judicata where title previously adjudicated; Paniel Lotta five‑condition test; functus officio; Mareva injunction barred by prior final judgment; interplay with Order XXI r.62 and statutory 90‑day notice.
|
5 November 2024 |
|
Appeal held time-barred though court granted 45 days to file appeal so the dispute may be heard on merits.
Land law – appeals from Ward Tribunals – limitation periods – effect of repeal of Section 20 of LDCA – application of Law of Limitation Act where lacuna exists. Civil procedure – time bar – distinguishing precedent (Nsenso Mwandu). Overriding principle – exercise of judicial discretion to permit filing of appeal for substantive justice.
|
1 November 2024 |
|
|
1 November 2024 |
| October 2024 |
|
|
Court recorded parties' settlement as consent judgment, making deed binding and the suit withdrawn.
Land law; consent judgment — recording and enforcement of Deed of Settlement under Order XXIII r.3 and s.95 CPC; recognition of ownership; payment of outstanding purchase price; obligation to execute transfer documents; binding effect and bar to subsequent suits.
|
31 October 2024 |
|
Extension of time to seek revision refused for inordinate delay, unreliable affidavit, non‑apparent illegality and forum shopping.
Extension of time – Law of Limitation Act s.14(1) – applicant must account for all delay; inordinate delay fatal. Illegality – alleged lack of locus standi/power of attorney – must be apparent on face of record to justify extension. Affidavit credibility – falsehoods render affidavit unreliable. Abuse of process/forum shopping – concurrent proceedings weigh against extension.
|
31 October 2024 |
|
Extension of time granted to file notice of appeal due to apparent illegality on the face of the record.
Civil procedure — Extension of time to file Notice of Appeal — s.11(1) Appellate Jurisdiction Act — requirements for good cause: promptness, accounting for each day, prejudice — illegality as exceptional ground must be apparent on face of record — financial inability not sufficient.
|
31 October 2024 |
|
Court granted a temporary injunction preventing eviction pending resolution of disputed land ownership despite res judicata concerns.
Land law – interim injunction – requirements for temporary injunction (prima facie case, irreparable harm, balance of convenience); res judicata and rights in rem – effect on interlocutory relief; preservation of status quo pending determination of main suit.
|
31 October 2024 |
|
Unregistered sale proved by documents and admissions defeats later unproven mortgage; appellants declared owners.
Land law – proof of ownership – weight of documentary evidence (sale agreements) and witness testimony – effect of admissions in pleadings; Registration of mortgages – requirement of documentary proof/official search and valuation by registered valuer; Priority disputes between unregistered sale and alleged registered mortgage when mortgagee fails to prove registration and valuation.
|
31 October 2024 |
|
|
31 October 2024 |
|
|
31 October 2024 |
|
Uninterrupted possession and corroborative evidence established appellant's ownership over an unproven earlier title.
Land law – ownership dispute – burden of proof on balance of probabilities – possession and development as proof of title; evaluation of witness evidence and authenticity of sale agreements; review of DLHT's evidence assessment.
|
31 October 2024 |
|
Application challenging Bill of Costs struck out as underlying suit was withdrawn with leave to refile, not finally determined.
Advocate Remuneration Order (G.N. No. 264 of 2015) – section 7(1),(2) – challenge to Bill of Costs – competence where underlying suit withdrawn with leave to refile; Civil procedure – withdrawal with leave to refile – no final decision to support costs award; Relief – inappropriate to maintain costs challenge absent final determination; striking out application.
|
31 October 2024 |
|
Application to set aside ex parte judgment dismissed as time-barred for being filed beyond the extended period.
Civil procedure – Application to set aside ex parte judgment – limitation period and time bar. Law of Limitation Act (First Schedule, Part III, item 21) – applicability to applications where no period provided. Civil Procedure Code s.93 – extension of time – discretionary relief requiring good cause; not to be open-ended. Preliminary objections – procedural compliance (attachment of prior order) vs. merits of time-bar objection.
|
31 October 2024 |
|
Applicant entitled to unpaid rent and damages where respondent breached lease; deed of compromise was partial, not full settlement.
Land law – House lease – obligation to yield premises in good and tenantable repair; Interpretation of Deed of Compromise – partial compromise vs full settlement; Evidence and pleadings – appellate re‑evaluation where tribunal misconstrued facts; Reliefs – damages for holding over/mesne profits and general damages; Costs.
|
31 October 2024 |
|
Extension of time granted to appeal an ex‑parte judgment; appeal under s.70(2) CPC competent without prior setting aside.
Land — Extension of time to appeal — Appeal against ex‑parte judgment under s.70(2) CPC — Competence to appeal without setting aside — Illegality (non‑service, non‑notification, issues outside pleadings) as sufficient cause to extend time.
|
31 October 2024 |
|
|
31 October 2024 |
|
An applicant’s advanced age, lay status and financial hardship may constitute good cause to extend time to file an appeal.
Land law – Extension of time to appeal – "Good cause" as a relative concept – Being a layperson, advanced age and financial difficulty may justify enlargement of time – Applicant’s duty to provide relevant material to account for delay – Section 41(2) Land Disputes Courts Act.
|
31 October 2024 |
|
Dismissal due to non-compliance with High Court order and addressing time limitation jurisdiction properly.
Land law - Non-compliance with High Court order - Time-barred application - Determination based on jurisdictional issue.
|
31 October 2024 |
|
Appellant failed to prove full payment; tribunal properly addressed unpaid balance and deed of gift, appeal dismissed with costs.
Evidence — burden of proof under section 110(1) Evidence Act — claimant must prove full payment to establish ownership. Civil procedure — tribunal's duty to address issues raised in evidence — not suo motu when matter arises in examination/cross-examination. Land law — deed of gift as title evidence — effect on competing purchase claim. Appellate review — deference to trial tribunal's evaluation of witness demeanour and evidence.
|
31 October 2024 |