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Tanzania decisions
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The Registrar of Titles acted wrongly by rectifying the land register while an appeal was pending before the Court of Appeal; the principle of lis pendens applies, requiring maintenance of status quo until litigation concludes.
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The Court held that the Registrar had no power to waive security for costs, but the respondent’s appeal was deemed properly filed because he relied on that exemption in good faith.
The High Court held the District Court lacked jurisdiction over a cooperative society dispute already determined by the Registrar and pending before the Minister.
The judgment and decree included in the record of appeal were not properly signed and dated by the presiding judge at the time of pronouncement, rendering the record of appeal incomplete and incompetent. However, the anomaly was not occasioned by the appellant and did not prejudice the respondents; thus, the overriding objective principle was invoked to allow correction by supplementary filing.
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The Deputy Registrar of the High Court (Labour Division) lacked jurisdiction to entertain and determine an application for stay of execution of a decree originating from the High Court (Labour Division) in the exercise of its revision jurisdiction, as the lodging of a notice of appeal divested the High Court of jurisdiction and the Labour legislation vests stay powers in the court, not the Registrar.
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The directions given by the Registrar on 8th June 2012 were not a final ruling but administrative guidance; therefore, the court is not functus officio and retains jurisdiction to proceed with taxation of the bill of costs.
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The Court of Appeal held that the Deputy Registrar lacked power to extend time for written submissions, quashing the order as ultra vires.
The Court of Appeal struck out the appeal after holding that a judgment pronounced by a Senior Deputy Registrar, rather than the presiding judge, was invalid.
The Court of Appeal considered whether a decree signed by a Deputy Registrar made the appeal incompetent. Kileo J.A. would have held the decree valid and the appeal fit to proceed.
A decree signed by the Registrar is invalid under Order XX rule 7; since the record of appeal contained an invalid decree, the appeal is incompetent and must be struck out.
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