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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. 

5 judgments
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5 judgments
Citation
Judgment date
December 2010
John Mjema vs Shamsa Salum (30 of 2009) [2010] TZHCLandD 3 (16 December 2010)
An ex parte oral restoration order was procedurally irregular, breached natural justice and was quashed on revision.
Land disputes — procedural requirements for restoration/possession applications — Chamber summons and affidavit required (G.N. No. 174/2003, Regs 4–5) — Order XXXV Civil Procedure Code — oral/ex parte emergency applications — audi alteram partem — revision under s.43(1)(b) — quashing of irregular ruling and rehearing before different chairman and assessors.
 16 December 2010
Binus M. Mwani vs Stela Luvanda (Land Case Appeal 2 of 2010) [2010] TZHCLandD 4 (2 December 2010)
Land forming part of an administered estate falls within probate jurisdiction; land tribunals lacked competence and appeal was dismissed.
Jurisdiction – Probate jurisdiction vs. land tribunal jurisdiction – Property forming part of deceased’s estate subject to administration by Probate Court. Letters of administration – effect on forum competence. Competence – Proceedings in wrong forum are nullity ab initio. Procedure – Court may raise jurisdiction suo motu.
 2 December 2010
October 2010
Jonas Daniel vs Venance Michael s/o Charles (Misc. Land Case Application 16 of 2008) [2010] TZHCLandD 222 (21 October 2010)
Ex parte judgment obtained after irregular service and procedural defects was quashed; retrial ordered de novo.
Land disputes — Ex parte judgment — Defective and uncertain service of summons (possible fraud) — Matter fixed for mention not hearing — Pleadings not evidence — High Court’s suo moto revisionary powers under s.43 Land Disputes Courts Act — Proceedings quashed and retrial ordered de novo.
 21 October 2010
Freddy Wadugu vs Hellen Marongori (Land Appeal 11 of 2007) [2010] TZHCLandD 221 (15 October 2010)
Reported
Failure to file court-ordered written submissions for over four years warranted dismissal of the appeal for want of prosecution.
Civil procedure – Dismissal for want of prosecution; failure to file court-ordered written submissions; compliance with court orders; award of costs.
 15 October 2010
July 2010
Mary Masawe vs Yesaya F.Mwakalindile (2 of 2008) [2010] TZHCLandD 1 (19 July 2010)
Leave granted to appeal on whether the easement and demolition order complied with the Land Act requirements.
Land law – Easement – Validity of easement and demolition order – Compliance with Land Act sections 146(1), 148 and 153 – Leave to appeal to Court of Appeal granted.
 19 July 2010