Skip to document content Skip to main menu Skip to search

High Court Land Division

High Court Land Division was established as a result of the land reforms which were implemented by the Land Act 1999. Until 2010, the Land Court had exclusive jurisdiction to determine land disputes relating to land with a pecuniary value of TZS 50,000 or more.

1 judgment

Advanced search

All years

All months

December

Filters

Sort by:

1 judgment

Citation	Judgment date
December 2004
Beno Chelele t/a Integrated Firm vs National Housing Corporation and Others (Land Case No. 96 of 2004) [2004] TZHCLandD 1 (8 December 2004) A quashed allocation order and subsequent forceful occupation do not confer lawful tenancy; proper notice and procedure are required for termination. Land law – Tenancy and possession – Quashing of earlier order does not validate subsequent forceful occupation; forceful entry unlawful. Termination notice – requirements, proper form and service – invalid if altered or not served. Abandonment – burden to prove unoccupied without good cause; temporary closure not necessarily abandonment. Mesne profits – remedy of landlord, not tenant/subtenant. Equity – plaintiff with unclean hands cannot obtain equitable relief.	8 December 2004

Citation

Judgment date

December 2004

Beno Chelele t/a Integrated Firm vs National Housing Corporation and Others (Land Case No. 96 of 2004) [2004] TZHCLandD 1 (8 December 2004)

A quashed allocation order and subsequent forceful occupation do not confer lawful tenancy; proper notice and procedure are required for termination.

Land law – Tenancy and possession – Quashing of earlier order does not validate subsequent forceful occupation; forceful entry unlawful. Termination notice – requirements, proper form and service – invalid if altered or not served. Abandonment – burden to prove unoccupied without good cause; temporary closure not necessarily abandonment. Mesne profits – remedy of landlord, not tenant/subtenant. Equity – plaintiff with unclean hands cannot obtain equitable relief.

8 December 2004