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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 2011
Boraafya Fumbwe vs Tatu Kassimu and Another (Land Case Appeal 20 of 2010) [2011] TZHCLandD 7 (15 December 2011)
Process-server's affidavit was ambiguous and failed to prove service; ex-parte judgment quashed and retrial ordered.
Service of summons — adequacy of process-server's affidavit; Regulation 6(3) and (4) Land Disputes Courts Regulations 2003; proviso to Order V Rule 16 Civil Procedure Code — requirement to name person served and describe manner of service; failure to prove service invalidates ex-parte proceedings; remittal for retrial before a differently constituted tribunal.
 15 December 2011
Emmanuel Emmanuel vs Michael Gishingde (Misc. Land Case Appeal 31 of 2010) [2011] TZHCLandD 10 (13 December 2011)
Applicant failed to prove land ownership; respondent’s long possession gave title by prescription, appeal dismissed.
Civil procedure – alleged ex‑parte decision – participation and cross‑examination by defendant negates ex‑parte finding. Land law – proof on balance of probabilities – claimant must prove proprietary title. Land law – locus standi – claim based on land cleared by another requires proper legal status. Prescription and limitation – undisturbed occupation for statutory period can confer title (Limitation Act, Cap 89). Evidence – village land allocation claims require cogent proof at trial.
 13 December 2011
Abui Ahmed Amar vs Kalananji Solanki (50 of 2010) [2011] TZHCLandD 2 (12 December 2011)
Applicant's leave application struck out as time‑barred for non‑compliance with 14‑day rule.
Civil procedure — Limitation — Application for leave to appeal to High Court — Rule 43(a), Appellate Jurisdiction Act Cap 141 R.E.2002 — 14‑day time limit — application filed after 31 days — no application for extension of time — application struck out with costs.
 12 December 2011
Mohamed Abdallah vs Issa Juma & Others (Misc. Land Case Appeal 102 of 2008) [2011] TZHCLandD 2153 (2 December 2011)
DLHT judgment lacking issues, findings and reasons is a nullity and must be set aside for fresh hearing.
Land dispute procedure — District Land and Housing Tribunal judgments must state facts, issues, findings and reasons (Reg.20(1)(a)-(d)); failure to consider grounds of appeal or give reasons renders judgment a nullity; appellate duty to analyze evidence and give reasons; remittal for rehearing before different bench.
 2 December 2011
Adamu Y. Hazali vs Ally Mahanyu (Land Case Appeal 27 of 2011) [2011] TZHCLandD 12 (1 December 2011)
Reported
An appeal was quashed because the appellant sued in his personal name without lawful authority to represent the mosque.
Civil procedure – locus standi and capacity to sue – individual suing on behalf of institution without indicating representative capacity is improper; permission to represent required under s.18(2) Land Disputes Courts Act. Land Disputes Courts Act – procedural requirements for representation and consequences of defective party designation – proceedings quashed and set aside under s.43(1)(b). Retrial – matter to be tried de novo in proper parties’ names.
 1 December 2011