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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
November 2011
Waziri Rajabu Mwinjari vs Shabani Bakari Nyegere (Misc. Land Case Appeal 3 of 2010) [2011] TZHCLandD 2145 (30 November 2011)
Reported
Appellate court affirmed trial tribunal’s land ownership finding and expunged an inadmissible written witness statement.
Land law – ownership dispute – ward tribunal site visit and factual findings – appellate review of credibility and boundaries; Evidence – inadmissibility and expungement of written statement of witness who did not testify; Competence of relative witnesses – credibility assessment; Possession/limitation in land disputes.
 30 November 2011
Waziri Rajabu Mwinjari vs Shabani Bakari Nyegere (Misc. Land Case Appeal 3 of 2010) [2011] TZHCLandD 9 (30 November 2011)
Second appeal dismissed: trial tribunal’s site-inspection findings upheld; non-testifying witness’s written evidence expunged.
Land disputes — Ward Tribunal composition — coram requirement; Evidence — admissibility — written statements of witnesses who did not testify to be expunged; Evidence — competency of relatives — admissible and assessed on credibility; Appellate review — deference to trial tribunal’s site inspection and factual findings; Possession/limitation — continuous family possession favors respondent.
 30 November 2011
Bakari Hemedi Ngola vs Ramadhani Omari and Another (Land Appeal 54 of 2011) [2011] TZHCLandD 2144 (24 November 2011)
Reported
The respondent lacked locus standi to sue over primary school land; the local authority is the proper party.
Land law / civil procedure – locus standi – capacity to sue over public primary school land – headteacher/individual lacks standing; proper party is the local authority – proceedings by person lacking locus standi are incompetent and nullity ab initio.
 24 November 2011
Yahaya Daudi Mbura vs Mansoor Daudi Mbura (Misc. Land Appeal 97 of 2008) [2011] TZHCLandD 2149 (18 November 2011)
Whether the appellant’s personal testimony vitiated proceedings after granting a power of attorney to his agent.
Land law – title dispute over urban plot – evidence and credibility. Agency – power of attorney: scope and effect on principal’s personal testimony. Civil procedure – Order III Rules 1 & 2; distinguishing appearance/application by agent from principal testifying. Appeal — appellate court may decide merits where first appellate tribunal set aside proceedings on wrong legal basis.
 18 November 2011
Benjamin Kisoreka vs Zawadi Basonde (Misc. Land Appeal 2 of 2008) [2011] TZHCLandD 2151 (11 November 2011)
Payment to redeem family land does not confer title; payer is entitled only to reimbursement, not ownership.
Land law – family/clan land – redemption versus purchase – payment to redeem does not transfer title; evidence – authenticity of clan minutes; civil procedure – res judicata requires same parties; tribunal composition – presence of village leaders at locus visit does not vitiate proceedings if they do not decide.
 11 November 2011