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The High Court allowed a land appeal after finding the tribunal judgment was nullity for failing to incorporate assessors’ opinions, and set the award aside.
The High Court at Sumbawanga dismissed the plaint as time-barred, holding that limitation goes to jurisdiction and requires dismissal, not striking out.
The High Court nullified District Court proceedings for inconsistency between judgment and decree and for misdescription of parties, leaving the Primary Court decision intact.
The High Court dismissed an appeal over unpaid agency commission, holding the appellant bore the burden on client payment and that no prejudice arose from lack of Kiswahili translation.
The High Court’s Land Division allowed the plaintiffs to withdraw their suit with leave to refile after they said a necessary party, the Registrar of Title, needed to be joined.
The East African Court of Justice dismissed Ola Energy Uganda Limited’s stay application because the trial court’s dismissal of the reference was not a positive order capable of execution.
The Court found that the respondent provided sufficient reasons for the delay in filing the Amended Record of Appeal and that the procedural lapses did not go to the substance of the appeal. The affidavit by counsel was not fatally defective as it related to matters within his knowledge. The application to strike out the appeal was dismissed.
Source excerpt
The award of costs was justified as the suit was a civil action for breach of contract, not a probate matter. The trial magistrate exercised discretion judiciously in awarding costs to the successful respondents, and there was no requirement to provide reasons since the general rule that costs follow the event was applied.
Source excerpt
The High Court at Shinyanga recorded a consent settlement, adopted the deed of settlement as judgment and decree, waived costs, and marked the suit settled.
The High Court dismissed an application to set aside a prior dismissal and restore an appeal, awarding costs to the respondent under the rule that costs follow the event.
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