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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. 

2 judgments
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2 judgments
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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