|
Citation
|
Judgment date
|
| September 2024 |
|
|
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.
|
26 September 2024 |
|
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).
|
26 September 2024 |
|
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.
|
26 September 2024 |
|
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.
|
25 September 2024 |
|
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.
|
25 September 2024 |
|
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.
|
25 September 2024 |
|
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).
|
25 September 2024 |
|
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.
|
25 September 2024 |
|
|
25 September 2024 |
|
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.
|
25 September 2024 |
|
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.
|
24 September 2024 |
|
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.
|
24 September 2024 |
|
|
24 September 2024 |
|
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.
|
24 September 2024 |
|
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.
|
24 September 2024 |
|
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.
|
23 September 2024 |
|
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.
|
23 September 2024 |
|
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.
|
23 September 2024 |
|
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.
|
23 September 2024 |
|
|
23 September 2024 |
|
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.
|
23 September 2024 |
|
|
23 September 2024 |
|
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.
|
20 September 2024 |
|
|
20 September 2024 |
|
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.
|
20 September 2024 |
|
|
20 September 2024 |
|
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.
|
20 September 2024 |
|
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.
|
20 September 2024 |
|
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.
|
20 September 2024 |
|
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.
|
19 September 2024 |
|
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.
|
19 September 2024 |
|
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.
|
19 September 2024 |
|
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.
|
19 September 2024 |
|
|
19 September 2024 |
|
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.
|
19 September 2024 |
|
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.
|
18 September 2024 |
|
Applicant granted 14-day extension to file late notice of appeal due to technical delay prosecuting matter in wrong forum.
Civil procedure – Extension of time – Good cause – Technical delay caused by prosecuting an application in wrong forum (dismissed as functus officio) – Uncontroverted affidavit supports grant of extension; costs awarded.
|
18 September 2024 |
|
|
18 September 2024 |
|
Consent judgment records settlement transferring disputed plot, providing TZS 200,000,000 payment and each party bearing own costs.
Land law – dispute over title and rental proceeds; mediation and consent settlement – recording consent deed as court judgment; transfer of land and agreed payment; parties to bear own costs.
|
18 September 2024 |
|
Revision of two distinct tribunal proceedings dismissed/struck out: one time‑barred, the other deemed an incompetent omnibus application.
Civil procedure – Revision under Land Disputes Courts Act – where specific Act is silent on limitation, Law of Limitation Act applies (item 21, Part III – 60 days). Limitation – non‑party to original proceedings is not automatically exempt from statutory time limits; may seek extension. Civil procedure – Omnibus applications – combining unrelated or incompatible reliefs (time‑barred and non‑time‑barred) is incompetent and liable to be struck out. Costs – successful preliminary objections awarded costs to respondents.
|
17 September 2024 |
|
Applicant failed to account for delay and alleged illegalities were not apparent on record—extension refused, application dismissed with costs.
Civil procedure – Extension of time – requirement to show sufficient cause and account for each day of delay – Lyamuya and related authorities. Review versus appeal – filing review does not automatically justify delay in appealing. Alleged illegalities – must be apparent on face of record to justify extension of time; errors requiring argument are not sufficient.
|
17 September 2024 |
|
A taxing officer may discretionarily apply or depart from the one‑sixth rule when assessing taxed costs.
Taxation of costs — Advocates Remuneration Order, 2015 (Order 48) — one-sixth rule — discretionary application by taxing officer — judicial reluctance to interfere with reasonable exercise of taxation discretion.
|
17 September 2024 |
|
Appellant's earlier sale agreement held valid; later conveyances invalid and respondents declared trespassers; appeal allowed.
Land law – double sale/priority principle – validity and authenticity of sale agreements – evaluation and re-appraisal of evidence by first appellate court – locus in quo visits not mandatory in fresh ownership disputes.
|
17 September 2024 |
|
Suit dismissed as res judicata: same land dispute already finally decided by competent courts, despite name variations.
Land law — Res judicata — Section 9 Civil Procedure Code — Requirements: competent court, same subject matter, final decision, same parties/under same title — Variation in party names does not defeat res judicata — Preliminary objection disposed on face of record (Lyamuya principle).
|
17 September 2024 |
|
Plaintiffs’ late service of witness statements (without leave) led to striking out statements and dismissal for want of prosecution.
Civil Procedure — Evidence — Election to adduce evidence by witness statements at pre-trial conference — Order XVIII Rules 2, 3 and 4 CPC (as amended) — Mandatory service time for witness statements — Failure to serve in time without court leave — striking out statements — dismissal for want of prosecution.
|
17 September 2024 |
|
Failure to join or plead removal/death of a co-administrator defeats administrators' locus standi; suit struck out.
Probate law; locus standi of administrators – where multiple administrators are appointed they must act jointly; pleadings must disclose any death or revocation of a co-administrator; preliminary objection on locus standi determinable from plaint and annexures.
|
17 September 2024 |
|
Court granted a further 14‑day extension to file an appeal due to online filing difficulties and the applicant’s efforts.
Civil procedure – extension of time to file an appeal – application based on technical difficulties with online filing – second extension – exercise of court’s discretion considering applicant’s age and efforts.
|
17 September 2024 |
|
Mareva injunction dismissed because the statutory 90‑day notice had expired, rendering the application overtaken by events.
Mareva injunction; statutory notice to sue; Atilio v Mbowe test (prima facie case, irreparable loss, balance of convenience); application overtaken by events; inability to grant interim relief once legal impediment lapses.
|
17 September 2024 |
|
|
13 September 2024 |
|
Whether borrower and guarantor are liable for subsequent loans arranged and signed by a third party without their authority.
Land/mortgage – guarantor liability limited to specific mortgage deed; loan documentation and authority – signatures, addresses and account operation as proof of authorization; agency and third‑party misconduct – third party’s admissions and documentary anomalies establish liability; restitution of title; damages and interest – court rate applied where debtor acknowledged debt; commercial interest refused.
|
13 September 2024 |