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High Court land appeal allowed: prior Ward Tribunal decision treated as res judicata, and respondents failed to prove a land sale by documentary evidence.
High Court granted extension of time to file a notice of appeal, finding arguable illegality on the face of the record concerning judicial notice and admitted facts.
The High Court allowed a land appeal, holding the dispute was res judicata because it had already been decided by the Mambwenkoswe Ward Tribunal.
The Court of Appeal overruled a preliminary objection to receiving a copy of an intended intervention application, holding the filing method caused no prejudice.
The appeal fails because the first appellate court properly expunged Exhibit No 1 due to procedural irregularity, did not err in refusing to take judicial notice, and the prosecution failed to prove criminal trespass beyond reasonable doubt given unresolved ownership of the land. Matters not raised in the first appellate court cannot be raised in the second appellate court.
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The Court of Appeal held that the appellant’s land suit was time-barred and that exemption from limitation had to be pleaded in the plaint, not raised in submissions.
The High Court granted leave to appeal, holding that the challenge to the first appellate court’s evaluation of evidence was an arguable issue for the Court of Appeal.
The trial tribunal's failure to sit with assessors and record their opinions, as well as its failure to take judicial notice of court vacation, rendered the proceedings and decision a nullity.
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The High Court allowed a second appeal in an adultery compensation dispute, holding the respondent had not proved adultery on a balance of probabilities.
The preliminary objection was properly sustained as it was based on the appellant's lack of locus standi following the revocation of her administratorship by the Magomeni Primary Court, a fact of which judicial notice could be taken. The District Tribunal and High Court lack jurisdiction to determine disputes over the administration of estates, which are reserved for probate courts.
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