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Citation
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Judgment date
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| March 2026 |
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A counterclaim contesting a 1997 land title accrued in 1997 and was dismissed as time-barred when filed in 2025.
Limitation of actions – land disputes – accrual of cause of action – time bar under item 22 Part I (12 years) – challenge to issuance/registration of title
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23 March 2026 |
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Temporary injunction struck out where court lacked main suit record and an applicant had no letters of administration.
Civil procedure — Temporary injunctions — Ancillary nature requiring access to main suit pleadings; Locus standi — acting as administrator of a deceased estate requires letters of administration; Joint application — non-severable jurisdictional defect vitiates entire application.
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23 March 2026 |
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Court granted a limited injunction preserving certain mortgaged properties pending trial due to serious triable issues.
Civil procedure — Interim injunctions — preservation of status quo pending trial; Mortgages — realization of mortgaged immovable property — statutory requirements (valuation, notice, public advertisement); Auctions and tenders — alleged pre-advertisement payment; Protection of bona fide purchasers; Equitable relief to prevent main suit becoming nugatory
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23 March 2026 |
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Court recorded and adopted a deed of settlement as a consent judgment, making property transfers and payments binding and enforceable.
Consent judgment — Recording and adoption of a deed of settlement under Order XXIII r.3 CPC; enforceability as court decree; land transfers and payment obligations; settlement binding on successors; withdrawal of pending matters.
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20 March 2026 |
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Suing a director or Solicitor General personally, and suing a company in liquidation without leave, renders the suit incompetent.
Civil procedure — Proper parties — corporate body must be sued, not official in personal name; State officers not proper personal defendants; Companies Act s.291 — leave required to sue company in liquidation; deposits insurance board as liquidator appointed by central bank treated as court-appointed liquidator.
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19 March 2026 |
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An interlocutory application was struck out because the applicant's affidavit was not in first person and contained argumentative legal material.
Civil procedure — Affidavits: must be in deponent’s own words (first person) and confined to facts within personal knowledge; inadmissible: arguments, legal conclusions, prayers. Where majority of affidavit paragraphs are incurably defective, application may be struck out; expungement/refiling not appropriate remedy. Preliminary objection on competence under Land Registration Act left undecided.
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19 March 2026 |
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Claim dismissed for failure to plead and prove land size and boundaries; locus in quo cannot remedy documentary deficiencies.
Land law – proof of ownership – necessity to plead and prove size, dimensions and identifiable boundaries in unregistered land sales; Evidence – burden of proof lies on claimant and must be discharged on balance of probabilities; Locus in quo – inspection is supplementary to court evidence and cannot cure failure to prove essential particulars; Procedural irregularity – irregularities in site visit vitiate proceedings only if they occasion miscarriage of justice.
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19 March 2026 |
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Appellant's encroachment claim failed due to contradictory boundary evidence and failure to summon material witnesses.
Land law — Encroachment; proof of boundaries — balance of probabilities; description of disputed land; failure to summon material witnesses; locus in quo discretionary; assessors' opinions — court's reasons for disagreement.
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19 March 2026 |
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Res judicata cannot be resolved as a preliminary objection where the applicant's pleadings dispute the prior judgment.
Civil procedure — Preliminary objection — Res judicata — Preliminary objection must arise from the pleadings as a pure point of law — Where resolution requires evidence on disputed facts, the point is not a preliminary objection (Mukisa test)
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18 March 2026 |
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A res judicata plea cannot be decided as a preliminary objection where its existence is disputed and requires evidence.
Civil procedure – Preliminary objection – Must raise a pure point of law apparent on pleadings – Mukisa Biscuits principle; Res judicata – Plea requires facts showing prior final adjudication; If existence or effect of prior suit is disputed, issue requires evidence and is not a preliminary objection; Land dispute – ownership claim
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18 March 2026 |
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Unsupported claims of illness and failed legal aid efforts did not justify an extension of time to appeal.
Extension of time – Appellate Jurisdiction Act s.14(1) – discretionary remedy – sufficient cause – duty to account for each day of delay – requirement of supporting evidence for illness and attempts to obtain legal aid.
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18 March 2026 |
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Court restored the applicant's dismissed land suit, finding good cause due to court system failure and granting relief without costs.
Civil Procedure – Order VIII r.20(1)(a) dismissal for want of prosecution – application to set aside dismissal – requirement of good cause – court discretion – electronic/system failure affecting notice – restoration of suit – costs denied.
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17 March 2026 |
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Land recovery suit dismissed as time‑barred for failing to plead a continuing trespass with requisite dates and particulars.
Limitation law — continuing trespass — necessity to plead dates and particularity to restart limitation period (Law of Limitation ss.5 & 7; Order VII r.6) — court raising limitation issue proprio motu — non‑joinder and re‑institution objections raised but not determinative.
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17 March 2026 |
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A defective statutory 90‑day notice and inconsistent pleadings rendered the suit incompetent and it was struck out.
Government Proceedings Act s.6(2) — statutory 90-day notice to sue — requirement to send copy to Attorney General — mandatory pre-action notice — competency of suit — overriding objective cannot cure non-compliance — striking out for defective notice; inconsistency between plaint and notice.
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17 March 2026 |
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Failure to serve a valid statutory 90‑day notice rendered the suit against the government incompetent and it was struck out.
Government Proceedings Act s.6(2) — 90‑day notice to sue — mandatory requirement; competence of proceedings against the State; overriding objective cannot cure statutory non‑compliance; inconsistent pleadings v. statutory notice; striking out suit.
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17 March 2026 |
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A tribunal's rejection of a registered title without involving land authorities is a serious procedural defect warranting retrial.
Land law — Registered title and Certificate of Occupancy — Evaluation of documentary evidence; validity of title — Joinder/summons of land authorities (Registrar/Commissioner) when title validity is challenged — Procedural defect; retrial ordered.
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16 March 2026 |
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A plaintiff who transferred the property lacks locus standi; mandatory section 13 pre‑action steps must be pleaded.
Locus standi – requirement of a subsisting legal/proprietary interest; transfer of property extinguishes plaintiff's standing. Civil Procedure Code s.13 – mandatory pre‑action bona fide steps; a mere notice is insufficient; compliance must be pleaded.
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16 March 2026 |
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Appellant's tenancy claim rejected where handover agreement and corroborative evidence proved respondent's ownership.
Land disputes – ownership vs tenancy – burden of proof on balance of probabilities – admissibility and weight of hand-over agreement as evidence of gift – residential licence/application for change of ownership as corroborative evidence – assessors’ opinions and duty to explain departure under s.24 Land Disputes Courts Act
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13 March 2026 |
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Affidavit containing legal arguments and a defective verification clause rendered the application incompetent and led to striking out.
Affidavits — must contain facts, not legal argument or conclusions; offending paragraphs may be expunged. Verification clause — defective if it verifiably refers to non-existent paragraphs; amendment may cure defects but not where expungement leaves affidavit unsupportive. Procedure — striking out an incompetent application supported by a defective affidavit.
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12 March 2026 |
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An application was struck out because the supporting affidavit failed to show express authorisation (power of attorney) to depose for co-applicant.
Civil procedure – extension of time to appeal; competency of supporting affidavit – one applicant may depose for others only upon express authorisation evidenced in affidavit or annexure; defective affidavit renders application incompetent; administrative delay (failure to upload judgment) not determined on merits.
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12 March 2026 |
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Review granted to correct clerical errors: amend bank name and require auction in accordance with procedures.
Civil procedure — Review — Clerical or arithmetical mistakes in judgment/decree — Section 106 Civil Procedure Code — Error apparent on face of record — Correction of party name and inclusion of auction procedure wording.
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12 March 2026 |
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Court granted a 14-day extension to file a notice of appeal due to applicant’s illness and procedural delays.
Civil procedure – extension of time to file notice of appeal – Lyamuya principles – requirement to account for each day of delay – temporary illness/unsound mind and next-friend representation as grounds for condonation – Court’s discretion to condone short delays.
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12 March 2026 |
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Court granted 14-day extension to file notice of appeal due to applicant’s illness and procedural delays.
Civil procedure – extension of time to file notice of appeal – accounting for delay under Lyamuya – illness and next friend’s representation as sufficient cause – exercise of judicial discretion.
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12 March 2026 |
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Court granted Mareva‑style injunction to preserve applicant’s home pending suit after statutory 90‑day notice and alleged forgery threatened eviction.
Mareva/inherent jurisdiction – interim injunction pending institution of suit where statutory 90‑day notice bars filing – prima facie case, irreparable harm, balance of convenience; disputed mortgage, auction legality and alleged forgery.
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12 March 2026 |
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Non-joinder of the borrower and its director required joinder; omission of an explicit cause date was not fatal at preliminary stage.
Civil Procedure — Order VII r.1(e) — requirement to state facts constituting cause of action and when it arose; Law of Limitation Act s.26 — discovery of fraud; Civil Procedure — non-joinder/joinder of necessary parties — Order I r.9 and r.10(2); Preliminary objections — Mukisa test — pure point of law.
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12 March 2026 |
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Failure to join the Commissioner for Lands where pleadings and an approved map implicate survey/registration renders the suit incompetent.
Land law – Non-joinder – Necessary party – Commissioner for Lands – Approved map/ survey/registration – Pleadings inconsistency – Incompetent suit – Strike out.
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12 March 2026 |
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Failure to join the Commissioner for Lands where pleadings and an approved map implicate land authority renders the suit incompetent.
Land law – Non‑joinder – Necessary party – Commissioner for Lands – Approved map/plan as implicating land authority – Incompetence and striking out for omission to implead.
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12 March 2026 |
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Applicant failed to show a triable issue; injunction to restrain bank's mortgage sale was refused.
Land law – temporary injunction – requirement to show a prima facie/triable case (Atilio test) – power of sale under mortgage – pendency of other proceedings does not automatically bar exercise of contractual sale rights.
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12 March 2026 |
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Where over one‑sixth of claimed costs is disallowed, the entire taxed bill must be set aside; unjustified fees were also vacated.
Advocates Remuneration Order (G.N. 263 of 2015) – Order 48 – one‑sixth rule – disallowance of entire bill where more than one‑sixth taxed off; Taxation of costs – conversion of foreign currency claims to TZS for computation; Judicial review of taxing officer’s exercise of discretion; Instruction fees – requirement to demonstrate complexity and time; Transport/attendance fees – need for justification in taxation.
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10 March 2026 |
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A counterclaim pleaded within a defence must meet plaint formalities; failure to do so renders it incompetent and struck out.
Civil Procedure – Counterclaim in written statement of defence treated as cross-suit – Order VIII r.9(2) and Order VII r.1 – requirement to allege court name, parties' descriptions and jurisdictional facts – non-compliance renders counterclaim incompetent and liable to be struck out.
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10 March 2026 |
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A counterclaim in a defence must comply with Order VII and be in plaint form or be struck out.
Civil procedure — Counterclaim in written statement of defence treated as cross-suit — Compliance with Order VII requirements — Order VIII r 9(2) — Pleading must contain court heading, parties' descriptions and jurisdictional facts — Failure to comply renders counterclaim incompetent.
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10 March 2026 |
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9 March 2026 |
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Whether fraud delays limitation and if administratrix has locus standi; suit struck out for suing a defendant in wrong capacity.
Limitation — fraud discovery rule; preliminary objections — mixed questions of law and fact; locus standi of personal representative; capacity in which a defendant is sued — misjoinder/incorrect designation; striking out for incompetence
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9 March 2026 |
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Revision granted where a non-party materially affected by a DLHT decision was denied the right to be heard.
Land law — Revision — Right to be heard — Non-party materially affected by DLHT decision may seek revision — Ex-parte judgment and natural justice — Section 47 LDCA.
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9 March 2026 |
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Application against government struck out for failing to prove service of mandatory 90‑day notice.
Government Proceedings Act s.6(2) — mandatory 90‑day notice as condition precedent — requirement to annex proof of service to supporting affidavit; Reply to Counter‑Affidavit cannot introduce new matters — extraneous paragraphs expunged; failure to prove notice renders application incompetent and liable to be struck out
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9 March 2026 |
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Tribunal failed to decide ownership, admitted late evidence, relied on uncertain security, and ordered an unprayed sale—appeal allowed and remitted.
Land law – framing of issues – ownership as preliminary issue; Evidence – evaluation and weight of testimony; Civil procedure – admissibility of late documents and procedural fairness; Contract law – certainty of security agreement; Reliefs – prohibition on granting unprayed-for remedies.
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9 March 2026 |
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Taxing Officer’s instruction fee of TShs 3.5M exceeded statutory cap and was reduced to TShs 1,000,000/=.
Advocate Remuneration Order – 11th Schedule item 1(k) – instruction fees – statutory ceiling TShs 1,000,000/= – Taxing Officer’s discretion – interference where award exceeds prescribed threshold; costs assessment in matters struck out on preliminary objection
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9 March 2026 |
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Negligence in recording the hearing time is not sufficient cause to set aside a dismissal under Order IX r.6(1).
Civil procedure — Order IX r.6(1) CPC — Setting aside dismissal for non-appearance — "Sufficient cause" — Negligence of counsel in misrecording hearing time not sufficient — Duty to peruse court record.
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9 March 2026 |
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Applicant failed to prove fraud in transfer of registered land; title upheld and suit dismissed; no costs awarded.
Land law – Registered title – Fraud exception to conclusive title – Burden and high standard of proof for fraud – Forensic document comparison and chain of custody – Failure to call material municipal witness – Discretion on costs between relatives.
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9 March 2026 |
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Fresh suit wrongly struck out as res judicata; non-party not bound and was denied right to be heard.
Civil procedure — Res judicata — Identity of parties and subject matter — Person not party to earlier proceedings not bound; Objection proceedings vs substantive ownership — fresh suit under Order XXI Rule 62; Right to be heard — premature striking out nullifies opportunity to present merits.
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9 March 2026 |
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Breach of lease claims fall exclusively within District Court jurisdiction under section 111; the plaintiff's suit was struck out.
Land law — Jurisdiction — Breach of lease agreements — Section 111 Land Act — District Court exclusive jurisdiction — Sua motu jurisdictional challenge — Striking out suit.
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9 March 2026 |
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Where an applicant's affidavit is largely argumentative and unsalvageable, the revision application is struck out.
Civil procedure – Affidavit admissibility – Order XIX Rule 3(1) CPC – affidavits must state facts within deponent’s knowledge not legal arguments or conclusions; expungement vs striking out; preliminary objection.
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6 March 2026 |
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Limitation cannot be resolved on the pleadings where a continuing wrong is alleged; non-joinder of co-owners (no representative suit) is fatal unless cured by amendment.
Civil procedure – preliminary objections – pure question of law; Limitation – continuing wrong and section 7 Law of Limitation Act; Land – co-ownership and non-joinder of co-owners; Representative suits – Order I Rule 8 CPC; Registrar of Titles – when joinder is necessary; Pleadings – verification under Order VI Rule 15(2); Amendment to cure procedural defects.
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5 March 2026 |
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Sickness of an advocate and bereavement justify setting aside dismissal only if inability to notify or secure representation is shown.
Land Disputes Courts Regulations — Regulation 11(1)(b) dismissal for non-appearance; Regulation 11(2) restoration; sufficient cause; sickness of advocate; bereavement; duty to notify court; availability of alternative representative; inference of acceptance of consequences.
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5 March 2026 |
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The applicant was granted extension to serve notice and file an appeal due to a technical delay in obtaining the registrar's written decision.
Land Registration Act s.102(1) – extension of time – notice of intention to appeal – good cause – technical delay due to late issuance of registrar's written decision – diligence required (Lyamuya factors) – Section 21 Limitation Act – service issues.
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4 March 2026 |
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Applicant failed to show sufficient cause to set aside dismissal; submissions cannot replace affidavit evidence.
Civil procedure — setting aside dismissal for want of prosecution — sufficient cause required — submissions are not evidence — counsel’s diligence — election convoy/traffic delay.
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3 March 2026 |
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Suit struck out for incompetence due to statutory non‑compliance and inadequate description of immovable property.
Civil procedure — plaint description of immovable property — Order VII Rule 3 CPC — Interpretation of Laws Act s.86(1),(3) and English language rules — incompetence — striking out — costs.
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3 March 2026 |
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A District Land Tribunal lacks jurisdiction where ward-tribunal mediation certificate is absent, defective, or relates to different proceedings.
Land law – Jurisdiction – Mandatory ward-tribunal mediation – Section 13(3) & (4) Land Disputes Courts Act – Certificate of failed mediation – Competency of suit – Nullity of proceedings without proper mediation certificate.
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2 March 2026 |
| February 2026 |
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Court granted extension to file appeal after finding applicants accounted for delay and showed sufficient cause.
Extension of time – Appellate Jurisdiction Act s.11(1) – Lyamuya principles – accounting for each day of delay – illegality as sufficiency for extension – diligence in pursuing appellate remedies.
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27 February 2026 |
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Extension of time granted where delay was explained and the tribunal's decision showed clear procedural illegality.
Civil procedure — extension of time — Lyamuya guidelines — accounting for delay — inordinate delay — applicant's diligence — illegality/irregularity apparent on face of record — wrong file/reference to other case — ex parte hearing.
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27 February 2026 |