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Citation
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Judgment date
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| December 2025 |
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An interlocutory injunction was struck out as unnecessary because a registered caveat already prevented transfer of the land.
Land law – Caveat as an encumbrance – Effect of caveat under section 78(3) Land Registration Act – Interlocutory injunction redundant where caveat registered – Duplicative remedies; point of law must arise from pleaded facts (Mukisa principle).
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31 December 2025 |
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Written loan offer of 22 February 2011 governs; 24% default penalty void; borrower liable for reduced outstanding debt.
Contract law – formation and variation: written credit facility (22 Feb 2011) governs; parol/evidence rule excludes unproduced variations; Mortgage/security – two plots validly pledged; Penalty interest – 24% default charge not agreed, void; Breach – bank unlawfully imposed term; borrower defaulted; Debt recovery – outstanding TZS 351,028,317.43 plus 17% interest from 19 Dec 2022; Enforcement – sale of secured properties permitted on non-payment.
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22 December 2025 |
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Court orders restoration of status quo and restitution after finding respondents disobeyed an interim maintenance order, awarding costs.
Land — Interim relief — Maintenance of status quo — Alleged eviction in breach of interim order — Contempt of court test: order clear, knowledge, disobedience — Substituted service by publication and proof of notice — Restitution pending determination — Costs awarded.
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22 December 2025 |
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Delayed challenge to a registered allocation was held an afterthought; plaintiff had no right and defendants were not trespassers.
Land law — survey and allocation of customary land — effect of issuance and registration of certificate of occupancy — acquiescence and delay in challenging allocation — claim to un-surveyed land after registration; trespass.
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19 December 2025 |
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Plaintiffs lacked locus standi to seek rectification of a deceased owner's title without letters of administration.
Land law – locus standi – actions concerning deceased’s land – requirement of letters of administration/probate – rectification of land register – preliminary objection – incompetence and strike out.
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19 December 2025 |
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Temporary injunction preserving disputed title pending determination of leave to file appeal out of time.
Land law — interim injunctions — preservation of status quo over disputed land pending appellate process — rectification of land register — right to be heard — irreparable harm and balance of convenience; injunction limited pending determination of leave to file appeal out of time (Misc. Application No. 25236/2025).
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19 December 2025 |
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An applicant must demonstrate good cause to set aside a dismissal for non-appearance under Reg.11 of GN.174/2003.
Land law — Dismissal for non-appearance under Reg.11(1)(b) of GN.174/2003 — Application to set aside under Reg.11(2) requires formal application and demonstration of good cause — Change of chairman due to transfer not irregularity.
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18 December 2025 |
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Failure to read and consider assessors' opinions rendered the Tribunal's proceedings null; matter ordered retrial de novo.
Land procedure — Assessors' opinions — Mandatory to receive, read out and consider assessors' opinions in presence of parties — Section 24 Land Disputes Courts Act — Failure to read/consider is fatal and vitiates proceedings — Remedy: trial de novo under section 47(1).
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18 December 2025 |
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Extension of time denied where applicants were negligent and alleged illegality was not apparent on the record.
Appellate procedure – Extension of time under AJA s.14(1) – Lyamuya factors (account for delay, inordinate delay, diligence, apparent illegality) – Illegality must be apparent on face of record – Doctrine of functus officio; same court cannot determine alleged illegality of its own judgment.
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18 December 2025 |
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Procedural unfairness found, but claims dismissed as contractual and outside the Tribunal's jurisdiction.
Jurisdiction—District Land and Housing Tribunal limited to land disputes; contractual loan disputes fall outside jurisdiction; Procedural fairness—right to be heard, Regulation 21 (framing issues); Suo motu jurisdictional objections—must observe due process; Remittal—avoid futile rehearing; Revisional powers under section 44.
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17 December 2025 |
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Registered title upheld; defendant found to have trespassed 915 sqm and ordered evicted with costs.
Land law – registered title as conclusive proof of ownership; trespass/encroachment established by municipal survey report; ex parte proceedings after striking out defence; remedies: declaration, eviction and costs.
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17 December 2025 |
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Concession on a competence point precludes unilateral withdrawal; incompetent application struck out and most respondents awarded half costs.
Civil procedure — competence of application — suo motu raising of point of law — concession vs withdrawal — striking out for incompetence — costs partially awarded.
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17 December 2025 |
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A contractual breach of a land sale agreement without claim to land rights is not within the Land Division’s jurisdiction.
Jurisdiction – Land Division – Statutory limits of jurisdiction – Distinction between contract claims and land disputes – Sale of land agreement does not automatically create a land dispute absent claim to rights or interest in land – Transfer of registry when matter filed in wrong procedural vessel.
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17 December 2025 |
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Plaintiff failed to prove purchase or entitlement to transfer the apartment; claim dismissed for insufficient evidence.
Land law — proof of purchase and title transfer — electronic fund transfers and documentary proof — need to join registered vendors — ex parte proceedings — civil standard of proof (balance of probabilities).
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16 December 2025 |
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Plaintiff failed to prove a completed legal gift or ownership; suit dismissed and no costs awarded.
Property law – deed of gift – requirements of a valid gift (intent, delivery, acceptance) – minutes alone insufficient; Trusteeship – land registered to Registered Trustees cannot be disposed by Diocesan organs without Trustees’ approval and statutory formalities (RITA consent, surrender/transfer of title); burden of proof on balance of probabilities; trespass claim requires established legal ownership.
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16 December 2025 |
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Reference competent; Taxing Master correctly upheld limitation objection where extension applied only to one application.
Advocates Remuneration Order (Order 7(1)) – reference against Taxing Master; Taxation – limitation and preliminary objection; leave to file bill of costs out of time; estoppel – non-opposition to extension; pure point of law (Mukisa principle).
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16 December 2025 |
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The plaintiff’s leased premises were unlawfully demolished before notice expiry, awarding damages and costs to the plaintiff.
Land law – permit/constructive lease for open space use – procedural fairness in eviction – unlawful demolition before expiry of notice – assessment of general damages for loss of business.
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16 December 2025 |
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The applicant failed to account for inordinate delay to set aside an ex‑parte judgment; appeal dismissed with costs.
Civil procedure — Extension of time to apply to set aside ex‑parte judgment — Requirement to account for delay — Medical incapacity and technical payment glitches as grounds — New issues on appeal not entertained if not raised below.
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16 December 2025 |
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Whether the first defendant's joint written statement of defence was time-barred given earlier service and proper service rules.
Civil procedure — Written statement of defence — Time for filing (Order VIII) — Service of process — Service on Attorney General/Solicitor General vs direct service on local government authority (Order V r21) — Joint WSD containing defendants within and out of time — Striking out time-barred defence and permitting amendment; suit to proceed ex parte.
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16 December 2025 |
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Costs ordinarily follow the event; where a matter is struck out without a clear successful party, withholding costs need not be overturned.
Civil procedure — costs — general rule costs follow the event; where costs withheld, reasons required — entitlement to costs depends on identifying the successful party — striking out proceedings may leave no winner entitled to costs.
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16 December 2025 |
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Revision application dismissed: tribunal's execution order lawful and decree description sufficient; no procedural unfairness.
Land law — Execution of decrees — Adequacy of property description for executability — Revision of tribunal orders — Preliminary objection and right to be heard — Use of ward tribunal site visit as factual verification.
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16 December 2025 |
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Land Division overrules bank's preliminary objections; plaint discloses cause of action and res judicata/jurisdiction objections fail.
Land law — Preliminary objections — Disclosure of cause of action (Order VII r.1(e)) — Res judicata (s.11 CPC) — Jurisdiction of Land Division (s.9 CPC) — Insufficiency of abstract or ungrounded objections.
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16 December 2025 |
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Appeal struck out for incompetence due to defective, unregistered power of attorney and lack of donor signature.
Procedure — Locus and authority to sue — Special Power of Attorney — Validity: donor's signature, registration, scope — Attestation by advocate who represents same clients — Competency of appeal — Striking out.
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15 December 2025 |
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Applicant's reference allowed: taxation costs forfeited where over one-sixth of the claimed bill was disallowed.
Taxation reference — Advocates' Remuneration Order 2015 (Order 48) — Mandatory forfeiture of taxation costs where more than one-sixth of bill disallowed — Taxing Officer's discretion — Review where discretion exercised on wrong principle of law.
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15 December 2025 |
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Applicant lacking registered title has no locus standi to remove a caveat under section 78(4).
Land law — Removal of caveat (s.78(4) Land Registration Act) — Locus standi — "Owner" defined as registered owner under s.2 — Mortgagee/unregistered claimant lacks standing to remove caveat.
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15 December 2025 |
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The applicant’s suit struck out as incompetent because reliance on an unfulfilled Letter of Offer failed to show a registrable interest.
Civil procedure – Preliminary objections – Cause of action under Order VII Rule 1(e) – pleader confined to the plaint; Locus standi – reliance on a Letter of Offer does not create a registrable interest; Res sub judice/non‑joinder – potential abuse of process; Suit struck out as incompetent.
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15 December 2025 |
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An appeal challenging a tribunal’s interlocutory ruling was held incompetent and struck out under Regulation 22 GN No.174/2003.
Land law — Appeals — Competence of appeals against interlocutory rulings — Regulation 22 GN No.174/2003 — Whether a ruling finally disposes of parties’ rights (Bozson test) — Strike out of incompetent appeal — Abuse of court process in execution proceedings. |
15 December 2025 |
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Non-joinder of land registry authorities in a dispute over surveyed land is jurisdictionally fatal.
Land law – surveyed/registrable land – joinder of Commissioner for Lands and Registrar of Titles – non-joinder goes to jurisdiction – Certificate of Title not prerequisite – jurisdictional defect may be raised at any stage.
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15 December 2025 |
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Detention in separate criminal proceedings constituted sufficient cause to extend time and restore a dismissed civil suit.
Limitation Act s14(1) – extension of time; Civil Procedure Code s105 – restoration of dismissed suit; detention/remand in criminal proceedings as sufficient cause; application of Lyamuya criteria for extension of time.
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15 December 2025 |
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Acceptance of a preliminary objection on non-joinder justified dismissal; municipal council was a necessary party.
Civil procedure – Non-joinder of necessary party – Preliminary objection upheld where applicant’s pleadings acknowledge municipal role; Tribunal dismissal justified when preliminary objection accepted; No requirement to join Attorney General where not pleaded. |
15 December 2025 |
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Review of extension of time to file bill of costs dismissed; review jurisdiction not ousted by subsequent taxation.
Civil procedure — Review jurisdiction under Section 88(1) CPC and Order XLII Rule 1 — Whether review is academic after taxation and reference — Distinction between review and appeal — Apparent error on the face of the record — Extension of time to file Bill of Costs — Advocates Remuneration Order, 2015 (GN No.263).
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15 December 2025 |
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Appellant’s challenge to mortgage based on spouse’s affidavits dismissed for lack of proof of deception and adequate lender due diligence.
Land law — Mortgage and matrimonial home — Prima facie force of affidavits; lender's duty of due diligence in verifying marital status; spouse's locus to challenge disposition; appellate interference with credibility findings.
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15 December 2025 |
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The plaintiff's land claim was dismissed as time‑barred because the Ministerial extension was ultra vires and did not cover all defendants.
Limitation of actions – Law of Limitation Act s.44(1),(2) – Minister’s power to extend time limited to one‑half and to commence immediately after prescribed period – Ministerial extension issued after statutory window closed is ultra vires – Land claims, computation of limitation – Pleadings and preliminary objections – Mukisa principle.
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15 December 2025 |
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Court allowed withdrawal with leave to refile after finding plaintiffs’ claims conflicted; refiling costs waived; parties bear own costs.
Civil procedure — Joinder of plaintiffs — Order I Rule 1 CPC — Conflicting or adverse interests — Withdrawal with leave to refile — Inherent powers s.105 CPC — Waiver of refiling costs — Costs order.
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15 December 2025 |
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A valid inter vivos gift and commenced transfer displaced a later-registered administratrix’s title; duplicate certificate nullified.
Property law – Inter vivos deed of gift – validity (offer, acceptance, intention, capacity, legality) – municipal approval and incomplete registration; Land registration – effect of Letters of Administration and police loss report – limits of administrative replacement of title; Registered title prima facie evidence – may be impeached if unlawfully obtained.
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15 December 2025 |
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Stay of execution refused where applicant delayed, lacked an arguable revision, and would prejudice the respondent.
Civil Procedure — Stay of execution (Order XXI Rules 26(1)&(3); s.105 CPC) — requirements: sufficient cause, promptness, arguable appeal/revision — delay and abuse of process — land eviction — irreparable harm vs. compensability.
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15 December 2025 |
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Appeal allowed: tribunal misapplied burden of proof; appellant’s possession established and respondent restrained from interference.
Land law – ownership dispute – burden and standard of proof – evaluation of oral versus documentary evidence – possession and trespass – necessity for corroboration of witness evidence – unsupported boundary findings.
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15 December 2025 |
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Interlocutory injunction struck out for incompetence after counsel exceeded affidavits and risked conflicting High Court rulings.
Civil procedure — Interlocutory injunctions — Applications to be decided on affidavit evidence; counsel must not introduce new facts in submissions — Atilio v Mbowe test is a threshold inquiry, not a mini-trial — Avoidance of conflicting orders where another judge has issued or has pending ruling on same matter — Application struck out as incompetent.
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15 December 2025 |
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Court granted interim injunction restraining eviction pending main suit after applying the Atilio v Mbowe test.
Interim injunctions — maintenance of status quo pending suit — Atilio v Mbowe three-part test: prima facie case, irreparable harm, balance of convenience — eviction pending litigation.
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12 December 2025 |
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Plaintiffs failed to prove land ownership, departed from pleadings, and did not trace vendor title; suit dismissed with costs.
Land law – proof of title and boundaries – parties bound by pleadings – inadmissibility of unpleaded facts in evidence – need to trace chain of title and call vendors – nemo dat quod non habet – revocation of long-term title and government land bank.
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12 December 2025 |
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A challenge to a registered land title requires impleading the Registrar of Titles as a necessary party.
Land law – Challenge to validity of registered title – Registrar of Titles as necessary party – Non-joinder—Order 1 Rule 10(2) CPC – joinder/amendment preferred to striking out – jurisdictional implications.
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12 December 2025 |
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Temporary injunction granted where disputed indebtedness, alleged overpayment, and risk of irreparable loss made a triable issue.
Civil procedure – temporary injunction – Atilio v. Mbowe test – prima facie case, irreparable injury, balance of convenience; disputed bank statements, alleged overpayment, mortgagee’s power of sale; applicant’s equitable interest in securities.
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12 December 2025 |
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Whether sale agreement and witness evidence establish ownership and whether damages against bona fide purchasers were justified.
Land law – proof of ownership – sale agreement and corroborative witness evidence – bona fide purchasers – letter of administration not required where vendor shown to own land – irregular grassroots office numbering not fatal – revision of damages against bona fide purchasers.
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12 December 2025 |
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Extension of time granted where delay was technical and prima facie illegality justified lodging a revision.
Limitation of actions – extension of time under section 14(1) – distinction between technical and actual delay – illegality apparent on face of record (jurisdiction, land description, unpleaded reliefs) – balancing finality and right to be heard.
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12 December 2025 |
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A successful appellant is entitled to costs where a tribunal denies costs without giving reasons; costs generally follow the event.
Land law — costs — judicial discretion to award costs — costs ordinarily follow the event — court must state reasons when refusing costs — successful appellant awarded costs where tribunal gave no reasons for denial.
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12 December 2025 |
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Applicants failed to prove contempt because the status‑quo order was ambiguous as to the disputed plot numbers, application dismissed with costs.
Contempt of court – maintenance of status quo – clarity and certainty of court orders – burden of proof beyond reasonable doubt – property description/plot number ambiguity – in‑executable orders.
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12 December 2025 |
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Failure to prove service of the statutory 90‑day notice on local government renders the plaintiff's suit incompetent.
Government proceedings – Section 6(2) Government Proceedings Act – mandatory requirement to serve and prove service of 90‑day notice before suing local government; non‑compliance renders suit incompetent and liable to be struck out; procedural objection on description of suit property (Order VII r.3) not determined.
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11 December 2025 |
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The plaintiff’s land claim was dismissed as time-barred; cause of action accrued on registration of title in 2011.
Limitation of actions – Land – accrual of cause of action on date of registration of title – preliminary objection on time-bar can be decided on pleadings and annexures – Law of Limitation Act (12-year period) – Res judicata and procedural objections considered but time-bar decisive.
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11 December 2025 |
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The court upheld the tribunal's ownership finding, finding the judgment adequately reasoned and dismissing the applicant's appeal with costs.
Land law — Ownership dispute based on sale agreement — Judgment content requirements (Regulation 20) — Reasons for departing from assessors' opinions — Evaluation of witness credibility — Decree and execution orders in tribunal judgments.
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11 December 2025 |
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Reference upheld except perusal fee reduced to TZS 792,000; instruction fee and amendment of bill sustained.
Advocates Remuneration Order — Regulation 55(1)(a) compliance and amendment under Order 56; Taxation — discretion on instruction fees; Perusal fees under Item 2(d) Eighth Schedule — computation by pages.
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11 December 2025 |