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Citation
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Judgment date
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| December 2025 |
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12 December 2025 |
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Parties settled land dispute by consent; court recorded deed and ordered private sale of mortgaged collateral to satisfy bank debts.
Land law – consent judgment – Deed of Settlement adopted under Order XXIII Rule 3 Civil Procedure Code – private sale of mortgaged collateral to satisfy bank debt – withdrawal of suit and binding effect of settlement.
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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 |
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Plaintiffs failed to prove fraud or breach; registered mortgage lawful and suit dismissed with costs.
Land law – third‑party mortgage – validity and registration – allegations of forgery/fraud – higher standard of proof for fraud – fiduciary duty – credibility, delay and failure to complain – spousal consent.
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11 December 2025 |
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Plaintiffs’ land claim dismissed because the relied-upon sale agreement was legally defective and failed to prove ownership.
Land law – Proof of ownership – Requirements for a valid sale agreement – necessity of signatures and adequate land description – materiality of name discrepancies and duty to rectify – failure to prove title leads to dismissal.
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11 December 2025 |
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A plaint must identify immovable property sufficiently under Order VII r.3; failure to do so renders the suit incompetent and liable to be struck out.
Civil procedure — Pleading — Order VII r.3 CPC — Description of immovable property — Sufficiency of particulars for identification — Surveyed land and title number — Inconsistent annexures — Suit struck out as incompetent.
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11 December 2025 |
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Ownership proved by licence and waqf; adverse possession fails where occupation was with permission; appeal dismissed.
Land law — proof of ownership — Residential Licence and deed of Waqf as ownership evidence — fraud/forgery allegations require specific pleading and higher proof — adverse possession cannot succeed when occupation is by permission (tenancy) — parties bound by pleadings — calling vendor unnecessary where transfer not disputed.
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11 December 2025 |
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Whether an admitted written sale agreement and pleaded location suffice to establish ownership of un‑surveyed land without a locus in quo visit.
Land law – un‑surveyed land – particularity of pleadings – documentary sale agreement admissibility (s.107 Evidence Act) – hearsay and requirement for corroboration – locus in quo discretionary – burden of proof on claimant.
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11 December 2025 |
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Court upheld respondent's written title and dismissed applicant's trespass appeal for lack of sufficient contrary evidence.
Land law – trespass – sufficiency of pleadings as to location of suit land; Proof of title – admissibility and conclusiveness of written sale agreement (s.107 TEA); Hearsay and official reservation of public land (s.62 TEA); Burden of proof on balance of probabilities (ss.110–111 TEA); Locus in quo discretionary.
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11 December 2025 |
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Court granted extension to file Reference, finding delay excusable and arguable illegality in taxation merits review.
Advocate Remuneration Order — Extension of time — Good and sufficient cause — Delay due to personal illness of relative — Illegality in taxation: misapplication of Ninth Schedule, excessive instruction fees, breach of one-sixth rule — Lyamuya principles applied.
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11 December 2025 |
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Court ordered plaintiff to join necessary parties in land dispute and amend the plaint within 14 days rather than striking out.
Civil Procedure — Non-joinder of necessary parties — Order I Rule 3 and Order I Rule 10(2) CPC — Competing claimant and holders of derivative titles as necessary parties — Registrar of Titles/Commissioner for Lands — amendment preferred to striking out.
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11 December 2025 |
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Court ordered removal of a post‑judgment caveat that unlawfully obstructed execution of a Court of Appeal order for compliance and subdivision.
Land law – Caveat removal – Section 78(4) Land Registration Act – Effect of caveat registered after delivery of superior court judgment – Execution of Court of Appeal orders – Locus standi and non‑joinder objections – Competing DLHT proceedings.
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10 December 2025 |
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Court set aside dismissal for non-appearance due to genuine advocate diary error and restored the suit.
Civil Procedure — Set-aside of dismissal for non-appearance — Order VIII r.20(2) CPC — Sufficient cause — Advocate’s diary error — Prompt application — No undue prejudice — Restoration to cause list.
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10 December 2025 |
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Failure to file mandatory witness statements without sufficient excuse justifies dismissal and cannot be cured by the overriding objective.
Civil procedure — setting aside dismissal for want of prosecution — Order XVIII Rule 3(1) CPC — mandatory filing and service of witness statements — parties bound by acts of counsel (Order III R1) — overriding objective cannot override mandatory procedural rules — insufficiency of inadvertent oversight as excuse.
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10 December 2025 |
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Court set aside dismissal for want of prosecution, favoring reinstatement despite weak supporting evidence.
Civil Procedure – Order IX Rule 6(1) – setting aside dismissal for want of prosecution; sufficiency of cause; evidential weight of unsigned/uncertified medical/registration documents; inadmissible hearsay from unverified affidavits; litigant not to be punished for counsel's inadvertence; requirement to show prejudice.
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10 December 2025 |
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Plaintiffs failed to prove title to disputed plots; registered titles and defendant's purchase remained unimpeached, suit dismissed with costs.
Land dispute — ownership of registered plots — burden and standard of proof — nemo dat quod non habet — sale agreements requiring proof of payment — certificates of title prima facie evidence — fraud allegations must be specifically pleaded and proved.
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10 December 2025 |
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The plaintiff’s suit was struck out for non-joinder of the Director and non-compliance with the statutory 90-day notice.
Civil procedure — non-joinder — necessary party — Director of Survey and Mapping — government proceedings — statutory 90-day notice — competence — striking out — right to be heard — survey invalidation
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8 December 2025 |
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Court granted interim injunction to maintain status quo and protect customary land rights pending final determination.
Land — Interlocutory injunctions — maintenance of status quo and balance of convenience in land disputes — protection of customary land rights — departure from strict irreparable‑loss requirement (Attilio v. Mbowe v. recent jurisprudence).
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8 December 2025 |
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Appeal dismissed as originating from an interlocutory ruling on tribunal jurisdiction and thus not appealable.
Land law — Appealability — Interlocutory orders — Nature of the order test — Functus officio and jurisdiction in objection proceedings — Objection proceedings and appealability — Abuse of court process.
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8 December 2025 |
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Applicant failed to show sufficient cause to extend time to set aside an ex parte judgment after valid substituted service.
Civil procedure – Extension of time – Sufficient cause and accounting for each day of delay – Substituted service by publication – Effect of ex parte proceedings – Illegality must be apparent on the face of the record – Prejudice and finality of litigation.
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8 December 2025 |
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Extension of time refused for failing to account for delay and non‑compliance with court publication order.
Procedure — Extension of time — Discretionary relief — Sufficient cause — Must account for every day of delay and provide corroborative evidence — Negligence/non‑compliance with publication order — Merits/illegality may be considered but do not substitute for adequate explanation.
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8 December 2025 |
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A stray misdescription of the originating tribunal rendered the appeal incompetent and it was struck out.
Land appeals – Competency of appeal – Correct identification of originating District Land and Housing Tribunal – Misdescription/misnaming of tribunal as fundamental defect – Preliminary objection on pure point of law – Electronic filing delays and proof of prosecution.
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8 December 2025 |
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Appeal dismissed: mortgagee sale upheld; only procedural error was reliance on a document marked for identification.
Land law – mortgagee sale and recovery – compliance with auction terms; Civil procedure – parties bound by pleadings; Evidence – documents marked for identification not substantive evidence; Failure to cross-examine and admissions; Bona fide purchaser and transfer of mortgaged property.
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8 December 2025 |
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Court overruled defendants' preliminary objections, finding factual disputes and no necessity to join Commissioner or Attorney General; suit proceeds.
Limitation of actions – accrual of cause of action for deceased’s land – preliminary objections – factual disputes render limitation not a pure point of law (Mukisa principle) – non‑joinder of Commissioner for Lands – unregistered land – Government Proceedings Act – 90‑day notice/Attorney General joinder.
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8 December 2025 |
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Applicant cannot obtain extension to file revision where she had and failed to exercise an available right of appeal.
Civil procedure — Extension of time — Revision versus appeal — Revisional jurisdiction only where appeal is blocked by judicial process — Abuse of court process for futile applications.
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8 December 2025 |
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DLHT had jurisdiction; first sale subsisted, later sale void, and appellant's occupation amounted to trespass.
Land law – jurisdiction of DLHT – effect of post‑filing procedural amendments and Ward Tribunal mediation requirement; Pecuniary and territorial jurisdiction under s.33(1)(b); Contract law – time of the essence in land sale agreements; vendor’s failure to rescind; nemo dat quod non habet; sale void; trespass.
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5 December 2025 |
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Court granted extension to file land revision, treating earlier proceedings as technical delay and noting arguable illegality regarding spousal rights.
Limitation Act s.14(1) – extension of time; technical vs actual delay (Fortunatus Masha); duty to account for delay; apparent illegality on face of record; functus officio and protection of non-party spouse’s rights in matrimonial property.
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5 December 2025 |
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A tribunal's judgment is null where it raises a new jurisdictional issue without placing it on record or hearing the parties.
Land tribunal jurisdiction; lessee-lessor disputes vs commercial disputes; obligation to decide issues on record; requirement to place new issues on record and give parties chance to address; failure to do so renders judgment nullity; remittal for fresh judgment.
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4 December 2025 |
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An appeal is incompetent where the petition lacks the Registrar’s written decision as required by the Land Registration Act.
Land Registration Act – sections 101 and 102(3) – mandatory requirement that petition of appeal be accompanied by the decision, order or act appealed against – search report under section 97 is not a reasoned decision or order – failure to attach impugned decision renders appeal incompetent.
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4 December 2025 |
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Whether the applicant may sue in Land Division or must appeal the Registrar's refusal under section 102.
Land law — Jurisdiction of High Court (Land Division) — Distinction between land disputes and contractual claims — Specific performance claims not within Land Division's mandate — Registrar of Titles' decisions challengeable by appeal under s.102(1) Land Registration Act.
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4 December 2025 |
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Execution grievances must be raised in the executing tribunal’s file under Regulation 30; failing to cite the execution case number is fatal.
Land disputes — Execution of decree — Regulation 30 GN 174/2003 — Executing chairman to consider broker’s report — Grievances must be raised in same execution file — Regulation 24 GN 174/2003 permits appeals to High Court — Procedure may be supplemented by Civil Procedure Code (chamber summons/affidavit) — Failure to cite execution case number is fatal.
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4 December 2025 |
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Tribunal judgment quashed for condemning non-parties unheard; retrial ordered before a different chairperson.
Land law – pleadings – sufficiency of land description; Natural justice – right to be heard – condemning non-parties unheard renders decision a nullity; Civil procedure – nullity of proceedings and retrial de novo; Locus standi and admissibility of evidence issues left undetermined.
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3 December 2025 |
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Applicant failed to prove legal right to possession; interim injunction dismissed and each party to bear own costs.
Mareva/interim injunctions – requirements for interlocutory relief – prima facie right to possession – expired lease and failure to prove renewal – irreparable harm and balance of convenience – immovable property not susceptible to dissipation.
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2 December 2025 |
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Whether respondents are trespassers and whether a purchaser from a trespasser can acquire title; appeal allowed.
Land law – trespass – burden of proof on person alleging ownership – locus in quo/site visit and drawing – boundary dispute (relocated road) – donor/title by gift requiring corroboration – nemo dat quod non habet (purchaser from trespasser cannot acquire good title) – reliance on quashed Ward Tribunal decision reversed.
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2 December 2025 |
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Temporary injunction granted to restrain eviction over disputed mortgagee sale pending determination, limited to six months and costs shared.
Civil procedure — Temporary injunction — Granting conditions: prima facie/triable issue, irreparable harm, balance of convenience — Disputed mortgagee sale/auction and transfer where caveat and pending proceedings exist — Power of sale by mortgagee.
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2 December 2025 |
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Dismissal under regulation 11(1)(b) upheld where applicant failed to appear and gave no sufficient explanation.
Land Disputes Courts Regulations GN 174 of 2003 — regulation 11(1)(b): dismissal for non-appearance; regulation 13(1)–(2): advocate absence — applicability; sufficiency of medical evidence; right to be heard and procedural compliance.
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2 December 2025 |
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Consent judgment recording settlement where the plaintiff abandons original title and accepts an alternative plot as compensation.
Civil procedure — Consent judgment — Deed of Settlement recorded and entered as court judgment; Land law — Resolution by alternative plot as compensation; Obligations to assist transfer, survey and registration; Waiver of costs
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1 December 2025 |
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Land Court has jurisdiction; amended plaint exceeded granted leave and lacked required party signatures but defects are curable by amendment.
Civil procedure — preliminary objections — jurisdiction of specialized High Court divisions — Land Division jurisdiction over tenancy/possession disputes; Order VI r17 — amendments limited to scope of leave; Order VI r14 — pleadings must be signed by parties or show express authorization; Order VI r15 — defective verification curable.
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1 December 2025 |
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Appeal dismissed: tribunal correctly found the parcel part of the deceased's estate; purchasers cannot take title from a vendor without title.
Land law – un‑surveyed land description – sufficiency of pleadings and documentary evidence; Burden of proof in ownership disputes – shifting evidential burden; Property law – nemo dat quod non habet; Bona fide purchaser doctrine inapplicable where vendor lacks title; Locus in quo visits discretionary, not mandatory.
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1 December 2025 |
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A fact‑dependent challenge to non‑joinder and statutory notice was overruled; preliminary objections must be pure questions of law.
Land law – preliminary objection – necessary party (non‑joinder) – TARURA not necessary where pleadings and reliefs do not implicate its statutory functions; Statutory notice – challenge to service is factual and not appropriate as a preliminary objection; Mukisa Biscuits principle applied.
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1 December 2025 |
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Preliminary objection overruled: TARURA not necessary party; statutory notice service is a factual issue requiring evidence.
Civil procedure — Preliminary objection — Point of law arising from pleadings — Mukisa Biscuits principle — Necessary party (non-joinder) — Test whether absence prevents effective decree — Statutory notice to government defendants — factual dispute requiring evidence, not a preliminary point
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1 December 2025 |
| November 2025 |
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The plaintiff and defendants' deed of settlement was recorded as consent judgment resolving seizure and payment disputes.
Civil procedure – Consent judgment – Deed of settlement recorded as court decree; settlement of breach of lease and unlawful seizure claims; return of seized goods; agreed payment schedule; compromise without admission of liability; costs each party to bear own.
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28 November 2025 |
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Tribunal's delayed supply of certified records can justify extension of time where the applicant acted diligently.
Extension of time – Land Disputes Courts Act s44(2) and Limitation Act s14(1) – Lyamuya criteria – delay in supply of certified copies – sufficient cause – diligence – inordinate delay.
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28 November 2025 |
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The applicant failed to prove ownership; tribunal correctly dismissed the claim and need not visit locus in quo.
Land law — ownership dispute — burden of proof (Evidence Act s117(1)) — admissibility of oral evidence/hearsay (Evidence Act s67(1)) — contradictions in evidence — locus in quo visits not mandatory; only for exceptional clarification — appellate affirmation of trial Tribunal's dismissal for failure to prove ownership.
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28 November 2025 |
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Spousal consent alone does not confer locus standi to challenge a mortgage on property registered in the other spouse's name.
Land law – locus standi – spousal consent – matrimonial home – beneficial interest – title registration – privity of contract – third‑party inability to challenge mortgage – dismissal for want of standing.
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28 November 2025 |