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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
Citation
Judgment date
July 2011
Adamu Ramadhani Kilua vs Athumani Ali Fundi & Others (Land Case 1 of 2006) [2011] TZHCLandD 2147 (22 July 2011)
Failure to plead substantive value of land claim deprived the High Court of pecuniary jurisdiction; suit struck out with costs.
Land law – jurisdiction – pecuniary jurisdiction of High Court under section 37 Land Disputes Courts Act – substantive relief (subject-matter value) determines jurisdiction, not general damages – inadequacy of pleadings as ground to strike out suit.
 22 July 2011
Alex Dinka Ndibalema and Another vs CRDB Bank Plc and 2 Others (Land Case 19 of 2010) [2011] TZHCLandD 8 (21 July 2011)
Additional preliminary objections require leave; affidavit verification was adequate and a pending counterclaim does not bar leave to appeal.
Land procedure – leave to appeal to Court of Appeal – preliminary objections – addition of objections without leave – affidavit sufficiency and verification – paragraphs alleging points of law allowable – pending counterclaim not a bar to leave (Mukisa principle) – dominus litis.
 21 July 2011