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. 

6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
November 2009
Said Ranadhani vs Juma Similie (Misc. Land Appication 5 of 2008) [2009] TZHCLandD 3 (19 November 2009)
Application for leave to appeal out of time dismissed for procedural non‑compliance and lack of merit.
Land law / Civil procedure – Application for leave to appeal out of time – Requirement to attach notice of intention and copy of intended memorandum of appeal; Order VI Rule 15(1)&(2) CPC – Proper verification and supporting evidence needed to explain delay – Court’s discretion to dismiss meritless, procedurally defective applications.
 19 November 2009
September 2009
Olam Tanzania Limited Property International vs Robert Mkondola (Land Appeal 14 of 2009) [2009] TZHCLandD 2 (25 September 2009)
Reported
A district land tribunal lacked jurisdiction over a dispute concerning registered land, so its decision was quashed.
Land law – jurisdiction – dispute concerning registered land held under a certificate of title falls within High Court (Land Division) jurisdiction under s.37 of the Land Disputes Courts Act, not District Land and Housing Tribunal jurisdiction. Procedural – ex parte judgment and service complaints unnecessary to decide once tribunal lacks jurisdiction. Relief – proceedings and decisions of an incompetent tribunal are quashed and orders set aside.
 25 September 2009
July 2009
Consolidated Holiding Corporation vs Mahatane Msana and 13 Others (24 of 2009) [2009] TZHCLandD 1 (3 July 2009)
High Court set aside irregular tribunal orders and ordered immediate execution of an eviction decree under its revision powers.
Land law – Revision under Section 43(1)(b) – Stay of execution pending intended appeal – Application filed after statutory show-cause period – Order XXXIX Rule 3 Civil Procedure Code – Tribunal proceedings invalidated for procedural irregularities – Execution of eviction decree ordered.
 3 July 2009
April 2009
Fredoline Ngoti vs Shakila Rashid (Misc. Land Case Appeal 81 of 2008) [2009] TZHCLandD 5 (27 April 2009)
Ward Tribunal jurisdiction and customary-occupation ownership upheld; allocation offers ineffective absent compensation, appeal dismissed.
Land law – Ward Tribunal jurisdiction and value threshold; Town and Country Planning Act acquisitions; substantial justice standard under Land Disputes Courts Act s.45; efficacy of allocation/offer absent compensation and supporting receipts; ex parte hearings and service of summons; customary occupation versus statutory allocations.
 27 April 2009
March 2009
Laurent Kisawike vs Thamson Malenda (Misc. Land Appeal 11 of 2008) [2009] TZHCLandD 4 (19 March 2009)
Applicant's land recovery claim dismissed as time-barred due to respondent's long peaceful occupation.
Land law — Abandonment and adverse possession — Peaceful occupation for extended period — Application of Law of Limitation Act (Schedule s.3(1) part 1 item 22) — Upholding concurrent factual findings of lower tribunals.
 19 March 2009
Paul Ng'halongwa vs Tryphosa O. Ng'hambi (Misc. Land Case Application 1 of 2008) [2009] TZHCLandD 6 (19 March 2009)
Applications dismissed where wrong statutory citations and lack of meritorious grounds rendered them incompetent.
Land procedure — stay of execution; leave to file appeal out of time — incompetence for citing wrong/non-existent statutory provisions — failure to cite Revised Edition 2002 statutes — absence of meritorious grounds — applications dismissed with costs.
 19 March 2009