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Citation
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Judgment date
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| February 2025 |
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Application seeking to halt execution and invoke Section 38(1)/O.XXI r.57 was not maintainable and was struck out without costs.
Civil Procedure – Section 38(1) & Order XXI r.57 – appropriateness of remedy; Execution proceedings – attachment/sale of land; Res judicata/finality – prior judgment binding; Abuse of process – relitigation; Withdrawal of application – court’s discretion as to costs.
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28 February 2025 |
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Non-joinder of land authorities in a land-title dispute rendered DLHT proceedings a nullity; parties must refile in High Court joined with necessary authorities.
Land law – Registered land and competing titles – Non‑joinder of Registrar of Titles, municipal authority and Commissioner for Lands – Miscarriage of justice; Civil procedure – Necessary parties and joinder – failure to join land authorities renders proceedings a nullity; Land Disputes Courts Act s.43(1)(b) – nullification of DLHT proceedings.
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28 February 2025 |
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A prior dismissal of identical claims renders the court functus officio and bars re-litigation of the same cause of action.
Civil procedure – preliminary objections; functus officio – effect of prior dismissal; distinction between strike out and dismissal; res judicata; judicial notice of prior proceedings.
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28 February 2025 |
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A chamber summons with incompatible, non-interrelated prayers is an omnibus application and may be struck out.
Civil procedure – chamber summons – omnibus application – whether multiple prayers in one summons render it defective; Order XLIII/Order XXXVII principles – combination of interrelated prayers permissible; incompatible or discordant prayers render application incompetent; Reliefs for contempt — inconsistent remedies (committal vs alternative fine) may create incompatibility in prayers.
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28 February 2025 |
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An application to review a taxing master's decision is incompetent if it joins new parties not involved in the original proceedings.
Civil procedure – party identity – incompetence of application when new parties are joined at reference stage – striking out for procedural irregularity.
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28 February 2025 |
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Court records and enforces parties’ Deed of Settlement as a consent judgment, making its payment, release and release-of-claims terms binding.
Civil procedure – Consent judgment – Recording of Deed of Settlement under Order XXIII r.3; Settlement terms enforced as court order; Release of title and vehicle documents; Discharge of encumbrances; Right to sell on default; Full release of civil and criminal claims; Settlement effective from date of lodgment and binds successors.
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28 February 2025 |
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Unopposed application for temporary injunction granted to preserve status quo and restrain construction pending main suit.
Land law – interim relief – temporary injunction under Order XXXVII of the Civil Procedure Code to preserve status quo pending main suit Injunctions – purpose to prevent irreparable harm and maintain subject matter of litigation Procedure – unopposed application: court may grant injunction without extended examination of authorities where respondent does not object Evidence – affidavit and annexures alleging ongoing construction relied upon in absence of counter-affidavit
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28 February 2025 |
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Failure to join the Registrar of Titles and Attorney General rendered the land suit incompetent and liable to be struck out with costs.
Land law – necessary parties – Registrar of Titles must be joined where title documents and ownership are in dispute
Government Proceedings Act s.6(3) – Attorney General to be joined where government or its officers are affected by reliefs sought. Civil procedure – incompetence – failure to join necessary parties warrants striking out
Costs – costs follow the event; repeated procedural failures justify awarding costs to defendants
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28 February 2025 |
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A trespass suit is barred by res judicata where an earlier final judgment declared the defendant owner of the same property.
Res judicata – section 9 Civil Procedure Code – identity of parties and subject matter – capacity of party immaterial – prior ownership decree bars subsequent trespass claim; competency of suit; Annexure P1 judicial notice.
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28 February 2025 |
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The plaintiff’s suit was dismissed as res judicata; failure to reply conceded the defendants’ preliminary objection.
Civil procedure – Res judicata – Suit dismissed where former suit between same parties on same subject matter was finally determined; Section 9 Civil Procedure Code applies. Procedural law – Failure to file reply to submissions deemed concession – uncontroverted preliminary objection. Abuse of process – Relitigation instead of appeal or review impermissible
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28 February 2025 |
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Defendant breached sale agreement; Plaintiff entitled to refund of TZS 50,000,000 with interest; bank exonerated.
Sale of encumbered land interest—breach for failure to deliver title document; claimant’s abandonment of specific performance—court retains jurisdiction to order refund of part-payment; insufficiency of evidence for general damages; third party (mortgagee) not liable where decree execution procedures and appellate stay pending.
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28 February 2025 |
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Mareva injunction application struck out as redundant after the 90-day notice-to-sue period lapsed; each party bears own costs.
Civil procedure – Mareva injunction – interim ancillary remedy – effect of lapse of 90-day period after notice of intention to sue rendering injunction redundant. Civil procedure – striking out application overtaken by events
Costs – overriding objective – discretionary refusal to award costs; each party to bear own costs
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28 February 2025 |
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Applicants granted interim injunction after showing prima facie case, irreparable loss (loss of home) and favorable balance of convenience.
Civil procedure – interim injunctions – Atilio v Mbowe test (prima facie case, irreparable loss, balance of convenience); disputed mortgage validity and absence of notice of sale; preservation of status quo pending Land Case No. 2969 of 2025.
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28 February 2025 |
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An application to be added in a land suit was dismissed for want of prosecution after applicants failed to file ordered submissions.
Civil procedure – application to be added in pending suit under Order I Rule 3 and s.95 CPC – obligation to comply with court directions – failure to file ordered written submissions – dismissal for want of prosecution.
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28 February 2025 |
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28 February 2025 |
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28 February 2025 |
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An administrative listing of heirs in a purchase form does not confer the applicant inheritance rights; probate court decides heirship.
Property law – ownership dispute – burden of proof for monetary contributions to purchase – documentary evidence required. Succession law – effect of naming "heirs" in administrative purchase/registration forms – no automatic succession rights. Testamentary formalities – mere mention of names in a contract is not a valid will
Jurisdiction – heirship and succession issues fall within probate jurisdiction; land courts should not determine probate matters. Title and contractual documents – sale agreement and certificate of title prima facie evidence of ownership
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28 February 2025 |
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Unchallenged Ward Tribunal decision and subsequent survey established respondent’s title; appellant’s appeal dismissed.
Land law – ownership and transfer – effect of unchallenged Ward Tribunal decision on title; Sale agreements – validity and clerical errors; Evidence – survey plan confirmation of title; Procedure – locus in quo visit not mandatory; First appeal – rehearing and re-appraisal of evidence.
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28 February 2025 |
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Court granted interim injunction restraining rival claimant and land authorities from disposing or registering transactions pending trial.
Land law – Interim injunction – Attilio v Mbowe test – prima facie case, irreparable harm, balance of convenience – rival claims to registered title – restraint on disposal and on land authorities from registering transactions pending determination of ownership.
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27 February 2025 |
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An application for extension of time to appeal previously decided by the same court is barred by res judicata and functus officio.
Civil procedure – res judicata – section 9 CPC – multiplicity of suits and finality of litigation. Civil procedure – functus officio – when a court has finally determined an issue it cannot re-entertain it
Procedure – extension of time to appeal – prior determination bars relitigation even if new jurisdictional argument raised as afterthought. Abuse of process – misleading pleadings and tactical relitigation
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27 February 2025 |
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Court strikes out application for extension of time as res judicata and functus officio, reinforcing finality in litigation.
Civil Procedure - Res judicata - Functus officio - Application for extension of time - Jurisdiction issues.
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27 February 2025 |
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27 February 2025 |
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An order made in execution proceedings is not appealable; the proper remedy is revision, so the appeal was struck out.
Civil procedure – execution proceedings – appealability of orders arising from execution – such orders are not appealable; revision is the proper remedy.
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27 February 2025 |
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27 February 2025 |
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26 February 2025 |
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A ward tribunal’s adjudicative mediation and non‑joinder of the owner/agent rendered DLHT proceedings premature; mediation quashed.
Land law – Civil procedure – Joinder of parties – Order 1 Rule 3 CPC – owner and agent as necessary/proper parties; Mediation – ward tribunal exceeded mediation role, breached confidentiality and made adjudicative findings; District Land and Housing Tribunal – proceedings prematurely preferred absent proper mediation certificate; Remedy – quash ward mediation, remit for fresh mediation; costs each party to bear own costs.
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26 February 2025 |
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Representative suit struck out for defective 90‑day notice and failure to publish court‑ordered advertisement.
Administrative law; Government Proceedings Act s.6 – mandatory 90‑days' notice to sue the Government; Civil Procedure Code Order 1 r.8(1) – representative suits and publication requirement; procedural competence – failure to include all claimants in statutory notice and failure to publish court‑ordered notice are fatal; striking out of incompetent suit.
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26 February 2025 |
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A plaintiff who withdraws a suit without leave is precluded from re‑filing the same claim under Order XXIII.
Civil procedure — Withdrawal of suit — Order XXIII r.1(2)(b) and r.1(3) CPC — Withdrawal without leave precludes re‑filing the same claim; failure to reply to pleaded fact amounts to concession.
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25 February 2025 |
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Plaintiff’s repeated abandonment and non-appearance warranted dismissal for want of prosecution with costs.
Civil procedure – Dismissal for want of prosecution – Order IX Rule 5, Civil Procedure Code Cap 33 RE 2019. Abuse of court process – repeated institution and abandonment of proceedings on same cause of action. Non‑appearance at pre‑trial conference as ground for dismissal and award of costs
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25 February 2025 |
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Uncertainty of service of hearing summons constituted sufficient cause to set aside dismissal and restore the suit.
Civil procedure — Setting aside dismissal for want of prosecution — Order IX Rule 6(1) CPC — Sufficiency of cause — Uncertainty/lack of proof of service of hearing summons and orders — Overriding objective and non‑fatal wrong citation of provision — Right to be heard.
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24 February 2025 |
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Whether the executing tribunal may alter a decree by ordering demolition and effect of a belated objection.
Land law – execution of decrees – executing tribunal must give effect only to terms of the decree and cannot add or vary reliefs. Civil procedure – execution – Regulation 23(4) & (5) GN No. 174 of 2003 – objection to execution must be before the executing court at time of hearing. Natural justice – right to be heard – no denial where objection was filed after determination of execution application
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24 February 2025 |
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Rectification of a registered land title without proper notice and hearing is invalid; owner’s name restored.
Land registration – Rectification of register under s.99(1)(f) – Procedural safeguards and notice under s.99(2)(c) – Right to be heard/natural justice – Alleged non‑compensation of prior customary owner – Administrative lapse cannot arbitrarily dispossess registered owner – Setting aside rectification and restoration of title.
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24 February 2025 |
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24 February 2025 |
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Appeal against a District Land and Housing Tribunal execution order is incompetent; execution orders are not generally appealable.
Civil procedure – execution orders – appealability under section 74 Civil Procedure Code; remedy by review/revision. Land law – alleged disposition/alteration of registered land and involvement of Commissioner for Lands/Attorney General. Execution proceedings limited to enforcement; substantive issues and preliminary objections must be raised in main proceedings or by proper interlocutory application
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24 February 2025 |
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Court granted a seven-day extension to file an appeal under section 14(1), finding the applicant met the Lyamuya threshold.
Civil procedure – Extension of time – Application under section 14(1) Law of Limitation Act – judicial discretion and Lyamuya principles. Non-opposition/concession by respondents relevant to exercise of discretion. Timeline: applicant given seven days to file intended appeal
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24 February 2025 |
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Irregular site-visit and lack of proof of valid title vitiated the tribunal decision; appeal allowed and decision set aside.
Land law – locus in quo/site visit – procedural requirements (note-making, reading to parties, reconvening); Title – nemo dat quod non habet; Disposition of matrimonial property – necessity of spousal consent and documentation; Admissibility and weight of oral evidence; Failure to call material witness – adverse inference; Standard of proof – balance of probabilities.
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24 February 2025 |
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A Mareva injunction cannot be extended beyond the 90‑day statutory notice to cover a suit not yet instituted.
Civil procedure – Review for error apparent on the face of the record – Order XLII Rule 1 and section 95 CPC. Mareva injunction – temporal limits – injunction tied to expiry of 90‑day statutory notice cannot be extended pending determination of a suit not yet instituted. Right to be heard – absence of notice of hearing must be supported by record to succeed. Rectification of drawn order to remove illegal extension of injunction
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21 February 2025 |
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Failure to visit the locus in quo in an access/easement dispute warranted quashing and remand for a fresh on‑site assessment.
Land law — easement/access — locus in quo — discretionary but necessary visit where facts dictate — failure to visit may vitiate proceedings; quashing and remittal; assessors' participation.
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20 February 2025 |
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An appeal from a consent decree is barred by section 70(3) CPC; challenge requires a fresh suit, not execution proceedings.
Land law – Execution of consent decree – Section 70(3) Civil Procedure Code bars appeals from decrees passed by consent; executing court cannot set aside consent decrees; allegation of forged signature requires factual inquiry and cannot be resolved as a pure point of law.
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20 February 2025 |
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Applicant failed to show good cause for extension of time; inordinate unexplained delay led to dismissal with costs.
Civil procedure – Extension of time – section 14(1) Law of Limitation Act – requirement to account for each day of delay. Principles applied – Lyamuya Construction Co
Ltd
Bushiri Hassan – diligence, inordinate delay, and good cause. Correction of trial judgment/decree – failure to obtain timely corrections does not automatically excuse unexplained delay
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20 February 2025 |
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A suit re‑litigating rights determined by a prior decree is barred by res judicata and dismissed with costs.
Civil procedure – Res judicata – Section 9 CPC – applicability where prior settlement adopted as decree bars re-litigation. Same subject matter – loan facility and mortgaged property enforcement. Parties and privies – change of auction agent does not defeat res judicata
Finality – settlement registered as decree conclusively determines rights; dismissal with costs
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20 February 2025 |
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A temporary injunction application was struck out after the underlying suit was dismissed as res judicata, with costs.
Land law – interlocutory relief – application for temporary injunction – competence of ancillary applications where underlying suit is dismissed as res judicata; preliminary objection – res judicata – determination of preliminary objection before ancillary matters; striking out incompetent applications and awarding costs.
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20 February 2025 |
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Appellant failed to prove exclusive ownership; hearsay evidence and document discrepancies justified upholding the Tribunal's decision.
Land law – proof of ownership – intention to gift property and exclusion from deceased’s estate – necessity of clear, direct and corroborative evidence
Evidence – hearsay versus direct evidence – witnesses who only ‘traced’ or ‘saw’ documents insufficient to prove transactional facts. Documentary discrepancies – divergent names and inconsistent dates undermine credibility of title documents
Procedure – tribunal raising issue of residential licence validity arising from cross-examination and submissions does not breach natural justice. Civil procedure – non-joinder of municipal authority and Attorney General not fatal where they are not necessary parties
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20 February 2025 |
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Adverse possession inapplicable where respondent claims purchase; appeal dismissed due to appellants' unpleaded, weak evidence.
Land law — proof of title and pleadings — need to plead description/size and facts relied upon; Tribunal judgments — regulation 20(1) GN.173/2003 requires brief facts, issues, findings and reasons but format flexible; Evidence — first appellate court may re‑evaluate evidence and exhibits; Adverse possession — doctrine inapplicable where ownership is claimed by purchase; Failure to prove title and reliance on unpleaded facts fatal to claim.
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20 February 2025 |
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An appeal is incompetent if brought against a respondent personally when they acted as estate administrator below.
Probate and Administration – capacity to sue – Section 71 of the Probate and Administration of Estates Act – locus standi – parties in original proceedings must appear in appeal – striking out appeal for wrong party cited.
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20 February 2025 |
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Unsworn testimony before the Land Tribunal nullifies proceedings from that date and mandates rehearing of that evidence.
Procedure – Evidence – Oaths and Statutory Declarations Act, Cap 34 – Every court (including District Land and Housing Tribunal) must administer oath or affirmation to witnesses
Evidence – Unsworn testimony – Evidence given by witnesses not sworn or affirmed vitiates proceedings from the date such evidence was received
Remedy – Quashing of proceedings and setting aside of subsequent orders and judgment; direction to receive afresh sworn/affirmed testimony
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20 February 2025 |
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Court allowed ex parte hearing of counterclaim where plaintiff failed to file defence and gave insufficient reasons for delay.
Civil procedure — Counterclaim — Failure to file defence within prescribed time under Order VIII Rule 11 CPC — Extension of time — Overriding objective/oxygen principle cannot displace mandatory procedural provisions — Ex parte hearing under Order VIII Rule 14(1) CPC.
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20 February 2025 |
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A counterclaim must expressly plead the value of the subject matter to confer High Court pecuniary jurisdiction.
Civil procedure – Counterclaim treated as plaint (Order VIII r9(2)) – Pleading requirement to state value of subject matter for jurisdiction (Order VII r1(i)) – Pecuniary thresholds under Land Disputes Act s37 – Preliminary objection procedure – Advocates Act s39 on documents prepared by unqualified persons (procedural notice requirement).
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19 February 2025 |
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Counterclaim struck out for lacking a statement of value needed to establish jurisdiction.
Civil procedure - counterclaim - jurisdiction - value of subject matter -pecuniary jurisdiction
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19 February 2025 |
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Court stayed proceedings and referred the dispute to arbitration under a valid contractual arbitration clause, granting a six-month stay.
Arbitration – contractual arbitration clause – referral and stay under Arbitration Act 2020 (ss.12–14) – court to refer unless prima facie arbitration agreement invalid. Existence of arbitration clause does not oust court jurisdiction; court may stay proceedings. Application for stay permissible notwithstanding other contractual dispute-resolution steps not yet exhausted. Sanctity of contract and party autonomy to choose arbitration
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19 February 2025 |