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Citation
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Judgment date
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| August 2025 |
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A land dispute was amicably resolved by a consent judgment incorporating a deed of settlement and withdrawal of the suit.
Land law – settlement – consent judgment – contract for sale of land – deed of settlement – transfer of ownership – withdrawal of suit – Civil Procedure Code Order XXIII rule 3
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29 August 2025 |
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Preliminary objections requiring factual inquiry or curable by amendment may not justify striking out a land ownership suit at the outset.
Civil litigation – preliminary objections – functus officio – res judicata – misjoinder or non-joinder of parties – curable defects – joint ownership – survivorship – need for factual inquiry in preliminary objections – land law – administration of estates – proper approach to capacity and party status in suits involving deceased co-owners.
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29 August 2025 |
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A preliminary objection challenging a land suit as time barred was overruled since it raised mixed questions of law and fact.
Civil procedure – preliminary objection – time bar – whether determination of accrual of cause of action is a point of law – Law of Limitation Act – requirement for pure point of law in preliminary objection.
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29 August 2025 |
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Extension of time granted where applicant diligently accounted for delay due to late receipt of ruling copy.
Civil Procedure – Application for extension of time – Sufficient cause – Delay in obtaining copy of ruling – Diligence and promptness required – Application of principles from Lyamuya Construction Co Ltd v YWCA of Tanzania.
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29 August 2025 |
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Dismissal of application to set aside ex parte proceedings overturned for failure to consider material evidence and for excessive technicality.
Land law – Appeal – computation of limitation period – exclusion of time for obtaining certified copies – setting aside ex parte orders – duty of Tribunal to consider all material evidence – substantive justice versus procedural technicalities – requirement for reasoned decisions.
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29 August 2025 |
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Administrative delays by the court justify extension of time for filing Bill of Costs if the applicant acts promptly and diligently.
Civil procedure – Extension of time – Sufficient cause – Administrative court delay – Necessity for promptness and diligence – Defective affidavit allegations.
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29 August 2025 |
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The court allowed withdrawal and refiling of an appeal due to failure to serve notice on the Registrar as required by statute.
Land law – appeals – procedural compliance – requirement to serve notice of appeal on Registrar – effect of omission – withdrawal and refiling of appeal granted.
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29 August 2025 |
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Suit dismissed because earlier appellate declaration of the first defendant's ownership precludes relitigation despite prior purchase by the plaintiff.
Land law – double sale – conflict between earlier purchaser and later purchaser; res judicata / functus officio – prior appellate declaration of ownership precludes relitigation; appropriate remedy is to challenge the earlier judgment through proper process.
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29 August 2025 |
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An application supported by unsigned, unverified, unattested affidavit is incurably defective and struck out.
Procedure – Affidavit formalities – jurat, signature, verification and attestation are mandatory; absence renders affidavit incurably defective. Civil procedure – competency – an application supported by an incurably defective affidavit is incompetent and liable to be struck out. Court powers – court may raise procedural defects sua sponte and strike out proceedings for incurable defects. Costs – where court raises the defect suo motu, it may decline to make an order as to costs.
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29 August 2025 |
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An unsigned, unverified, un‑attested affidavit in a revision application is incurably defective and is struck out.
Procedure — Revision application — Competence of chamber summons and affidavit — Absence of signature, verification and attestation (jurat) — Section 10 Oaths and Statutory Declarations Act — Affidavit incurably defective — Application struck out — Issue raised suo motu — No order as to costs.
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29 August 2025 |
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An administrator’s revocation of letters of administration removes locus standi, rendering estate-related suits incompetent and liable to be struck out.
Probate and Administration — Locus standi — Revocation of letters of administration — Section 71 Probate and Administration of Estates Act — Suit instituted by administrator rendered incompetent upon revocation — Dispositive preliminary objection — No need to decide separate jurisdictional objection under Land Registration Act.
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29 August 2025 |
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A temporary injunction to restrain eviction or restore possession cannot countermand a concluded sale under a subsisting court decree.
Civil procedure – temporary injunctions – tests for grant – mortgage, foreclosure and sale – effect of subsisting decree and transfer of possession – availability of damages as adequate remedy – courts' inability to issue injunctions countermanding unvaried final decrees.
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29 August 2025 |
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An appeal against an execution order detaining the appellant as a civil prisoner is not appealable and was struck out with costs.
Land law – Appeals from District Land and Housing Tribunal – Execution orders – Civil Procedure Code s.84 and Order XL limit appealable execution orders – Land Disputes Courts Act s.55 and GN 174/2023 – competency of appeal – detention as civil prisoner.
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28 August 2025 |
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An inter vivos gift of property was upheld over administrators' claims, with damages awarded for interfering with transfer of title.
Land law – Ownership of property – Validity of inter vivos gift – Elements of a valid property gift – Administrators' powers – Interference with title transfer – Damages for obstruction of property transfer – Permanent injunction.
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28 August 2025 |
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A suit becomes incompetent and is struck out where the plaintiff's letters of administration are revoked during proceedings.
Civil procedure – locus standi – effect of revocation of letters of administration – striking out proceedings – distinction between revocation and death of a party – stay of proceedings pending appeal not justified where suit has become incompetent.
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27 August 2025 |
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A land tribunal's award was partially overturned for exceeding the relief pleaded and failing to join affected parties.
Land law—Ownership—Remedies confined to pleaded and proved claims—Validity of sale agreements and requirement for Village Council approval—Right to be heard and non-joinder of necessary parties—Bona fide purchaser principle—Adequacy of land description in pleadings.
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27 August 2025 |
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A third party cannot mix objection to execution and an injunction application in a single proceeding under the Civil Procedure Code.
Civil Procedure – Execution – Objection proceedings by third parties – Temporary injunction – Improperly combining distinct remedies – Procedural competence – Civil Procedure Code; Order XXI, Order XXXVII
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27 August 2025 |
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Plaintiff failed to prove adjacent structures excluded from mortgage; fixtures included and suit dismissed with costs.
Mortgage law – scope of mortgage includes fixtures and improvements; fixtures defined; auction of mortgaged property; burden of proof in civil cases; evidentiary weight of locus-in-quo/site visit.
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27 August 2025 |
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Plaintiff failed to prove demolished structures lay outside the mortgaged parcel; suit dismissed with costs.
Land law — Mortgage — Interpretation of mortgage deed clause including "all fixtures, buildings and other improvements" — Fixtures and improvements (wells, water tanks, fences) held part of mortgaged property — Auction and sale lawful — Locus in quo inspection corroborating title boundaries — Burden of proof in civil cases — Suit dismissed for failure to prove claim.
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27 August 2025 |
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An application challenging a taxation officer's disallowance of excessive costs was dismissed, upholding proper exercise of discretion.
Taxation of costs – Disallowed costs exceeding one-sixth threshold – Application of Order 48 of the Advocates' Remuneration Order, 2015 – Judicial discretion of taxing officer – Interference with taxing officer's award – Reasonableness of costs awarded.
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27 August 2025 |
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Appellate court quashed tribunal decision for ignoring sale agreements, applying priority to earlier witnessed purchase.
Land law – evidence – documentary versus oral evidence – Section 107(1) Evidence Act; priority principle in competing land claims; probative value of sale agreements and attestation; appellate re-assessment of evidence.
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27 August 2025 |
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Failure to state when the cause of action arose warranted striking out the counterclaim for non-compliance with Order VII Rule 1(e).
Civil Procedure Code (Order VII Rule 1(e)) – mandatory disclosure of when cause of action arose; Counterclaim – failure to state time of accrual renders plaint incompetent and subject to strike-out; Preliminary objection – procedural remedy; Limitation point raised but not decided.
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26 August 2025 |
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Court dismisses request for a temporary injunction over disputed land, finding no irreparable harm shown and no balance of convenience.
Land law – Temporary injunctions – Requirements for interim relief – Prima facie case – Irreparable harm – Balance of convenience – Ownership disputes.
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26 August 2025 |
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Appellate court upholds dismissal of land claim, finding no procedural or substantive errors in trial tribunal's ownership determination.
Land law – Joinder of necessary parties – Misjoinder and non-joinder – Locus standi – Evaluation of evidence in land disputes – Sufficiency of documentary evidence – Res judicata – Effect of case withdrawal for want of jurisdiction – Discretion to visit locus in quo.
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26 August 2025 |
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Certificate of title prevails; non-joinder and res judicata objections dismissed; appeal against lawful ownership of land dismissed with costs.
Land law – ownership – certificate of title as proof of ownership – joinder of necessary parties – effect of failure to join seller – withdrawal of suit for lack of jurisdiction – res judicata – evaluation of evidence – discretion to visit locus in quo.
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26 August 2025 |
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Failure to fulfill conditions in a letter of offer defeats a claim of land ownership against a municipal authority's lawful reallocation.
Land law – Letters of offer – Compliance with conditions precedent – Right of occupancy – Public land reallocation – Requirement for development and rent payment to perfect title – Lawfulness of reallocation by municipal authority upon grantee's default.
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26 August 2025 |
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Failure to properly serve summons constitutes sufficient cause to set aside an ex-parte order and extend time for application.
Civil Procedure – Extension of time – Application to set aside ex-parte order – Service of summons – Substituted service – Illegality as sufficient cause – Proper procedures under Order V of the Civil Procedure Code – Court's discretionary power to set aside ex-parte orders where fair hearing denied.
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26 August 2025 |
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Grant of Mareva injunction restraining activities on disputed land pending statutory notice expiry and main suit filing.
Land law – Mareva injunction – principles for grant – prima facie case – irreparable harm – balance of convenience – ex parte hearing – non-contestation by respondents – restraining order pending main suit.
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25 August 2025 |
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Application dismissed for want of prosecution where both parties failed to comply with filing directions; no order as to costs.
Civil procedure – Case management – Non-compliance with court-ordered filing schedule – Written submissions – Application dismissed for want of prosecution – Costs – Shared default by parties.
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25 August 2025 |
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Limitation period for land disputes accrues from the date of alleged invasion rather than the deceased's death in inheritance cases.
Land law – Limitation period – Accrual of cause of action – Inheritance disputes – Whether limitation runs from death or invasion – Right to be heard – Preliminary objection on limitation.
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25 August 2025 |
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A preliminary objection to revisional jurisdiction over a disputed consent decree fails where the parties' consent remains a factual issue.
Civil procedure – jurisdiction – consent decree – revision vs appeal – preliminary objection – whether factual disputes can be decided as preliminary points – construction of Section 70(3)/80(3) Civil Procedure Code – revisional jurisdiction not ousted unless expressly barred.
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25 August 2025 |
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A challenge to a taxing master's decision on a bill of costs was dismissed as the award complied with legal thresholds.
Advocates remuneration – Taxation of costs – Effect of disallowance of more than one-sixth of a bill of costs – Discretion of taxing officer in awarding instruction fees – Challenge to taxation under Order 48 of the Advocates Remuneration Order GN No. 263 of 2015.
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25 August 2025 |
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A counterclaim for lease breach and compensation is not a 'land matter' and falls outside the High Court Land Division's jurisdiction.
Jurisdiction – Land Division – Breach of lease – Subject-matter jurisdiction – Whether compensation claims for breach of lease fall within 'land matters' – Proper forum for contractual/compensation disputes related to leases.
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25 August 2025 |
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An appeal against land Tribunal findings was dismissed for lack of proof and absence of procedural irregularity or injustice.
Land law – Burden of proof in claims to disputed estate property – Authority to sell land – Procedural irregularities – Non-joinder of necessary parties – Amendment of pleadings – Orders against non-parties – Collateral attack on former judgment.
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25 August 2025 |
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A land recovery suit was dismissed as time-barred where the cause accrued over twelve years before filing and no statutory exemption applied.
Land law – recovery of land – limitation of actions – accrual of cause of action upon adverse possession – application of statutory exclusions for limitation – effect of prior litigation and renewal of occupancy on limitation period.
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25 August 2025 |
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Court adopts consent judgment upon parties' amicable settlement of a land dispute, binding parties to terms of settlement.
Land law – Sale agreement – Breach of contract – Consent judgment – Mediation and deed of settlement – Withdrawal of suit upon settlement
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25 August 2025 |
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Procedural errors in handling documentary evidence will not vitiate a judgment unless a failure of justice is shown.
Land Law – Appeal – Procedural irregularity in handling of documentary evidence – Failure to assign exhibit number – Section 45 Land Disputes Courts Act – Standard and burden of proof in civil proceedings – Interference with factual findings on appeal.
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25 August 2025 |
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A caveat must be removed where the caveator fails to show a registrable or equitable interest under the Land Registration Act.
Land law – Caveats – Procedure for removal of caveats – Burden of proof on caveator to show cause – Land Registration Act s 78(4) – Failure to demonstrate registrable or equitable interest – Abuse of caveat mechanism – Removal of caveats where interest not shown.
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25 August 2025 |
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Extension of time refused due to unaccounted delay and lack of apparent illegality on the face of the record.
Land law – Application for extension of time – Requirement to account for delay – Whether alleged illegality is apparent on the face of the record – Sufficiency of affidavit evidence.
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25 August 2025 |
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Revisional jurisdiction cannot be invoked where statutory remedies before the Tribunal have not first been exhausted.
Land law – Revision – Procedure – Dismissal for non-appearance – Requirement to exhaust remedies before District Land and Housing Tribunal under Regulation 11(2) of GN.174/2003 – Revisional powers of High Court – Incompetency of application where statutory remedies not exhausted.
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25 August 2025 |
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A land claim was dismissed as time-barred where prior proceedings and alleged fraud did not justify exemption from limitation.
Limitation of actions – Land claims – Computation of limitation period – Exclusion for prior proceedings – Fraud and postponement of limitation – Procedural defects – Hardship and legal limitation.
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25 August 2025 |
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Preliminary objection on time-bar dismissed as appeal was filed within the correct limitation period under original jurisdiction.
Land Law – Limitation of actions – Determination of limitation period for appeals from District Land and Housing Tribunal – Distinction between original and appellate jurisdiction under the Land Disputes Courts Act – Jurisdiction of Ward Tribunals in land disputes – Computation of time for filing appeals.
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25 August 2025 |
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Extension of time granted where applicant sufficiently accounted for delay in filing notice of appeal after appeal struck out.
Civil procedure — Extension of time — Application for extension of time to file Notice of Appeal — Requirement to account for every day of delay and establish sufficient cause — Exercise of judicial discretion under section 11(1) of the Appellate Jurisdiction Act.
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21 August 2025 |
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A suit for land ownership must include the registered owner as a necessary party to effectually resolve the dispute.
Civil Procedure – Cause of action – Joinder of necessary parties – Disputed land ownership – Registered owner as necessary defendant – Order VII Rule 1(e) CPC.
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21 August 2025 |
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Application for extension of time to challenge Taxing Master's ruling dismissed for failure to show sufficient cause or apparent illegality.
Civil procedure – Extension of time – Principles governing grant – Dilatory conduct and accountability for delay – Apparent illegality as a ground for extension – Duty of diligence by parties.
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21 August 2025 |
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A costs award was set aside where the Tribunal had ordered costs to follow the main suit's outcome, not immediate taxation.
Costs—Award of party-and-party costs—Interpretation of 'costs to follow the event'—Application to enforce bill of costs in contravention of court order—Quashing of erroneous taxation award—Civil Procedure Code s 30(2).
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20 August 2025 |
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Extension of time refused where delay was unexplained and alleged illegality was not apparent on the face of the record.
Civil Procedure – Extension of time – requirements for accounting for every day of delay – sufficiency of grounds – late knowledge and alleged illegality as grounds for extension – necessity of illegality being apparent on the face of the record – abuse of process by parallel proceedings.
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20 August 2025 |
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Disputed land could proceed to trial as defendants failed to prove it was subject to a prior court attachment order.
Land law – execution of judgment – attachment and sale of immovable property – propriety of filing objection proceedings versus instituting a fresh suit – proof required to establish identity of attached property as subject matter of present dispute.
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20 August 2025 |
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The court dismissed a revision application for lack of merit, finding no material error or procedural irregularity in the tribunal's proceedings.
Civil procedure – Land disputes – Revision – Non-joinder of parties in execution proceedings – High Court revisional powers under section 43(1)(b) – Requirement to demonstrate material error or procedural irregularity causing injustice.
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20 August 2025 |
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The Tribunal properly refused a stay because only the Court of Appeal may grant a stay once appellate proceedings are lodged.
Civil procedure – Stay of execution – Jurisdiction – Once proceedings are before the Court of Appeal the trial tribunal lacks jurisdiction to grant stay; only the Court of Appeal may grant stay of execution. Appeals – Effect of lodging appeal – Lodging proceedings at the Court of Appeal divests the trial court of jurisdiction over stay applications. Land disputes – Execution of tribunal orders – Execution not automatically suspended by parallel or prior applications unless appellate court grants stay.
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20 August 2025 |