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Tanzania decisions
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Applicants demonstrated common interest and written consent of 303 villagers; legal requirements for leave to file representative suit are satisfied. Detailed land description is not mandatory at application stage.
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The High Court at Babati granted leave to appeal out of time after finding a prima facie illegality because the conviction may have arisen from a land dispute.
The applicant failed to meet the conditions for granting a temporary injunction as established in Atilio v. Mbowe; there is no pending suit between the parties, alleged loss is reparable, and any dispute over the estate property should be resolved in a separate land matter, not through temporary injunction.
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The High Court Land Division held that a land suit was res judicata and struck it out with costs after finding the dispute had already been finally determined.
The applicant failed to account for each day of the 43-day delay and did not demonstrate sufficient cause for the court to exercise its discretion to enlarge time. The reasons advanced, including waiting for a copy of the order and blaming the court for technical rejection, were found to be inadequate and attributable to the applicant's own negligence and lack of diligence.
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The applicant failed to demonstrate substantial loss or good cause as required under Rule 11 of the Court of Appeal Rules, and did not comply with procedural requirements, including attaching the relevant decree. The application for stay of execution was therefore dismissed for want of merit.
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Applicant met all statutory requirements for stay of execution: timely filing, demonstration of substantial loss, and commitment to furnish security. Balance of convenience and justice favoured granting stay pending appeal.
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Applicant failed to show good cause for the delay and did not account for each day of the delay, which is required for extension of time.
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The High Court Land Division struck out a suit after holding that claims for breach of contract and nuisance/trespass were not a land dispute within its jurisdiction.
The High Court dismissed a revision application in a land dispute, holding that revision is unavailable where the applicant had a right of appeal and had already used it.
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