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Citation
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Judgment date
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| 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 |
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Appellate court quashed conflicting ex parte judgments where illegality was apparent on the face of the record.
Land law – ex parte judgments – illegality apparent on the face of the record – conflicting tribunal decisions on same land – jurisdiction and procedural irregularity – setting aside ex parte judgments.
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27 February 2026 |
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Voluntary withdrawal terminates the suit; court cannot extend time to refile a proceeding that has ceased to exist.
Civil procedure — Voluntary withdrawal of suit — Effect of withdrawal: substantive termination — Leave to refile is self-executing — No jurisdiction to extend time for a ceased cause — Relief lies in instituting a fresh suit.
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27 February 2026 |
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Silence in the plaint about compliance with mandatory pre-action ADR under Section 13 renders the suit incompetent and liable to be struck out.
Civil Procedure Code, s.13 – pre-action bona fide steps/ADR – mandatory jurisdictional precondition; preliminary objection – Mukisa test; failure to plead compliance – striking out as incompetent.
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27 February 2026 |
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Interim injunction granted to restrain alleged alienation/sublease of disputed leased land pending trial.
Civil procedure – Temporary injunction – Attilio v Mbowe test – prima facie/triable issue; irreparable loss; balance of convenience – landlord/tenant dispute; interim restraint on alienation/sublease pending main suit
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27 February 2026 |
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The High Court lacks jurisdiction to extend time for filing a Notice of Appeal to the Court of Appeal; such applications belong to the Court of Appeal.
Civil procedure — Extension of time to lodge Notice of Appeal — Court of Appeal Rules (Rule 10) — Law of Limitation Act s.14 — High Court lacks jurisdiction — High Court’s administrative role in Notices of Appeal — Jurisdiction not conferred by consent or overriding objective.
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27 February 2026 |
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Extension of time granted where applicants were non‑joined, lacked notice and an apparent illegality in land description existed.
Extension of time – s.14 Law of Limitation Act – discretion exercised on length of delay, reasons, diligence and arguable illegality; Non‑joinder and lack of notice – right to be heard; Apparent illegality – uncertain land description; Regulation 3(2)(b) GN No.174/2003 and Order VII Rule 3 CPC; Ex parte judgment; Bushiri principles.
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27 February 2026 |
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Application to re-admit appeal dismissed because court was functus officio after prior final dismissal for want of prosecution.
Civil procedure — functus officio — readmission of appeal dismissed for want of prosecution — prior show‑cause opportunity — preliminary objection to be decided first.
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26 February 2026 |
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Utility's demolition without lawful acquisition or compensation was trespass; plaintiff awarded damages and injunction.
Land law – registered title and ownership – presumptive ownership from Certificate of Title; Way-leave and utility powers – statutory limits and requirement of notice and compensation; Trespass and unlawful demolition – utility entry without lawful acquisition constitutes trespass; Damages – requirement of strict proof for special damages and discretionary award of general damages; Reliefs – declaratory relief, injunction, damages, interest and costs.
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26 February 2026 |
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Whether time spent in an earlier withdrawn application can be excluded under section 21 LLA to save a revision from being time-barred.
Land law – Revision of execution order – Limitation: exclusion of time under section 21 LLA where earlier proceeding prosecuted diligently in an incompetent court – Revisional jurisdiction available to challenge execution irregularities – Alleged abuse of process raises factual issues.
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23 February 2026 |
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Plaintiff proved a subsisting allocation of Plot No. 93; later resurvey, renaming and registration overlapping it were procedurally illegal.
Land law – allocation and offers – resurvey/renumbering of plots – administrative renaming and reallocation – indefeasibility of title limited where registration founded on illegality – unlawful dispossession and maladministration by land authorities – rectification of land register and re-survey – trespass declared; eviction declined – general damages awarded.
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20 February 2026 |
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Failure to file an ordered amended defence without sufficient cause removes the defence and permits the plaintiff to proceed ex parte.
Civil Procedure – Amendment of pleadings – Leave to amend – Effect of failure to file amended pleading – Original pleading superseded – Extension of time – Sufficient cause – Order VIII Rule 14(1) CPC – Ex parte proof.
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20 February 2026 |
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Deemed occupancy upheld; planning designation cannot extinguish rights without lawful acquisition and compensation; demolition by council not proven.
Land law – deemed right of occupancy; town planning designation vs. proprietary rights; compulsory acquisition requires statutory procedures and compensation; trespass and demolition by public authority—need for clear attribution and causation; proof of special damages.
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20 February 2026 |
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Res judicata and limitation objections dismissed where causes, parties, and accrual dates differ and trespass is continuing.
Civil procedure — Preliminary objections — Res judicata: five cumulative conditions (same matter directly and substantially in issue; same parties or privies; competent court; matter heard and finally decided; finality of former decision) — Limitation: time runs from plaint; recovery of land 12 years; continuing trespass renews limitation — Preliminary objection must be a pure point of law based on pleadings.
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18 February 2026 |
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Court granted mareva injunction to maintain status quo pending 90‑day statutory notice under the Government Proceedings Act.
Mareva injunction — requirements: triable issue, irreparable loss, balance of convenience — legal impediment: 90‑day notice under Government Proceedings Act — preservation of status quo over disputed land
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18 February 2026 |
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Application for extension of time to appeal dismissed for failure to account for delay and no apparent illegality.
Civil procedure – Extension of time – Application to file appeal out of time – Requirements under Lyamuya: account for delays, diligence, non-inordinate delay, and apparent illegality – Applicant failed to account for days of delay and alleged illegality not apparent on the face of record.
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18 February 2026 |
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Argumentative affidavit paragraph forming the basis for an extension application was incurably defective; application struck out with costs.
Civil procedure – Affidavits – Order XIX, Rule 3 – Affidavits must contain facts, not legal argument or conclusions – Argumentative paragraph foundational to extension application not severable – Application struck out – Costs awarded.
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17 February 2026 |
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Decree holder's withholding of bank details negated bad-faith finding; debtor ordered to pay within 14 days or face committal.
Execution of decree — detention as civil prisoner under Order XXI Rule 30 CPC; requirement of bad faith beyond mere indifference; payment mode and bank details for execution; costs of execution where delay caused by decree holder.
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17 February 2026 |
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First appellate court set aside Tribunal’s judgment, declaring appellant owner after finding erroneous relief, insufficient purchaser title and lack of spousal consent.
Land law — Pleadings and relief — Court cannot grant relief not pleaded or proved; burden of proof in land transactions — oral evidence and supporting loss reports may discharge burden where documents lost; nemo dat quod non habet — purchaser must show due diligence and cannot acquire better title than vendor; Law of Marriage Act — disposition of spousal property requires consent.
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16 February 2026 |
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Appeal allowed: tribunal erred by dismissing for alleged missing affidavit and wrongly dismissing after applicant had closed evidence.
Land disputes — dismissal for non-appearance — missing affidavit on record — duty to verify record and invite parties when raising issue suo motu — procedure where plaintiff/applicant has closed case and is absent at defence hearing — reinstatement of case.
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16 February 2026 |
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Tribunal erred by awarding land outside pleaded location without amendment; appeal allowed and decree quashed.
Land law — Pleadings binding parties — Verification of village boundaries — Amendment of pleadings required before altering claimed location — Identification of land essential for enforceable decree — Bona fide purchaser doctrine inapplicable where land identity uncertain — Burden of proof remains on claimant — Evaluation of customary title evidence required.
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16 February 2026 |
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Administrator General not a necessary party to an extension-of-time application challenging Registrar of Titles' decision.
Land law – Extension of time to serve notice of intention to appeal – Preliminary objection for non-joinder – Necessary party under Order 1 Rule 10 CPC – Administrator General’s proprietary interest – Registrar of Titles decision.
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12 February 2026 |
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12 February 2026 |
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11 February 2026 |
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Court recorded parties’ deed of settlement as consent judgment declaring plaintiff sole owner and each party to bear own costs.
Civil procedure – Consent judgment – Land dispute settled by Deed of Settlement recorded as consent decree; declaration of ownership by agreement; enforceability and execution of settlement terms; costs each party bears own.
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10 February 2026 |
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Interim injunction granted to restrain eviction and sale pending determination of disputed mortgage and sale of matrimonial property.
Land law – Interim injunction – Attilio v Mbowe test – triable issues, irreparable harm, balance of convenience – mortgage and sale of matrimonial property without spouse's consent – eviction – ex parte proceedings following service by publication.
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10 February 2026 |
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Applicant declared lawful owner and granted injunction after municipal trespass and unlawful change of land use without compensation.
Land law – ownership by Letter of Offer and acceptance – building permit and payment receipts as corroborative proof; municipal planning – change of land use/public designation; trespass and unlawful eviction; statutory acquisition procedures, notice and compensation; failure to prove quantum of damages defeats compensation claim.
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10 February 2026 |
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Tribunal’s dismissal for non-appearance set aside for failing to evaluate evidence; application restored for rehearing.
Land law – restoration of dismissed proceedings – non-appearance – necessity to evaluate affidavit and annexed documentary evidence – requirement for reasoned decisions; natural justice – right to be heard; procedural jurisdiction – role of assessors in Land Tribunals (raised but appellate determination rested on failure to evaluate evidence).
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9 February 2026 |
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Application for Mareva injunction struck out for incompetence due to inconsistent names on court documents.
Civil procedure – preliminary objections – competence of application – Mareva injunction sought "pending intended suit" and risk of perpetual injunction – affidavit must not contain arguments/conclusions (Order XIX r.3(2)) – sufficiency of land description for injunction – importance of accurate electronic court records and correct party names – misnomer may render application incompetent.
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3 February 2026 |
| January 2026 |
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Court retained jurisdiction over lease-based utility claims but dismissed tax and contempt claims for lack of jurisdiction and locus standi.
Land law – jurisdiction of courts over lease disputes; contract claims affecting use/enjoyment of land; locus standi – inability to sue on behalf of TRA; tax disputes – reserved for Tax Revenue Appeals Tribunal/Board; enforcement/contempt of tribunal orders – remitted to issuing tribunal.
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30 January 2026 |
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Where relief sought affects a land register, the Registrar of Titles is a necessary party; court allowed amendment to join them.
Land law — Registered land — Joinder of Registrar of Titles as necessary party where relief affects the land register; Civil Procedure — Order 1 Rule 3 (necessary parties) and Order 1 Rule 9 (amendment to cure non-joinder); Government Proceedings Act s.6(2) — statutory notice requirement; discretion to allow amendment instead of striking out.
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28 January 2026 |
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28 January 2026 |
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Court found auctioneer and purchaser in contempt for disobeying injunction and sentenced them to three months' custody.
Contempt of court – Disobedience of injunction/maintenance of status quo – Civil committal proceedings – Service through agents/substituted service – Custodial sentence as remedy to vindicate rule of law.
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28 January 2026 |
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Stay of taxation execution refused where applicant failed to promptly file intended reference after granted extension; wrong citation curable.
Civil Procedure — stay of execution — Order XXI — showing sufficient cause and acting promptly after grant of extension of time; delay defeats stay; wrong citation curable under section 4 of CPC.
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28 January 2026 |
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Applicant proved respondents in contempt for disobeying injunctive order; each respondent fined Tshs. 500,000/=.
Civil contempt – Disobedience of interim injunction restraining possession and construction – Virtual service and counsel’s presence via e-filing – Agency liability for acts of agents/third parties – Sanctions: fine with default imprisonment – Inherent powers of the court to prevent abuse of process.
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28 January 2026 |
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Court granted seven-day extension to file notice of appeal due to technical delay despite incomplete accounting for intervening delay.
Extension of time – Section 11(1) AJA – Technical delay vs. actual delay – Requirement to account for every day of delay – Financial constraint generally insufficient – Appeal competence and anomalies in record.
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27 January 2026 |
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Government-led formalization lawfully reallocated plots; plaintiff failed to prove post-formalization ownership, so trespass claim dismissed.
Land law — Government-led formalization/survey — effect on pre-formalization informal holdings; burden of proof in civil land disputes; trespass requires proof of lawful possession; administrative allocations binding unless successfully impeached.
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16 January 2026 |
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Interlocutory injunction granted to restrain enforcement of alleged mortgage over matrimonial home pending trial.
Land law – interlocutory injunction – matrimonial property – validity/authenticity of spousal consent to mortgage – irreparable harm – balance of convenience.
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15 January 2026 |
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High Court lacks jurisdiction to grant stay once the District Land and Housing Tribunal has granted execution; stay must be sought in the Tribunal.
Land law — Execution and stay of execution — Land Disputes Courts (District Land and Housing Tribunal) Regulations (G.N
No.174/2003) — Regulation 24 proviso and Regulation 25 — Jurisdiction to order stay resides with executing Tribunal — Civil Procedure Code (Order XXXIX R.5) inapplicable where Regulations are exhaustive — Section 55(2) Land Disputes Courts Act
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14 January 2026 |
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Mareva injunction against the Government requires proper 90‑day statutory notice; failure to serve is fatal and application was struck out.
Civil procedure — Mareva (freezing) injunction — availability pending statutory notice expiry but not pending filing of suit — prohibition of perpetual injunctions; Government Proceedings Act, s.6(2) — statutory 90‑day notice requirement — defective service of notice fatal; locus standi; preliminary objection arising from pleadings.
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7 January 2026 |