Skip to document content Skip to main menu Skip to search

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. 

4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
September 2011
Hatibu Mashui vs Halima Athumani (Misc. Land Case Appeal 15 of 2009) [2011] TZHCLandD 2146 (30 September 2011)
Reported
Appeal allowed: lack of proof of sale and improper admission of fresh evidence affirmed appellant's title.
Land dispute — proof of sale — credibility of vendor — inadmissibility of fresh evidence on appeal (A.S. Sian) — s.20(3) Land Disputes Courts Act — occupation/trespass and prescription (12 years).
 30 September 2011
Jackson Mwenda and 8 Others vs Hassani Kapinga (Land Case Appeal 16 of 2010) [2011] TZHCLandD 6 (23 September 2011)
Reported
Appellants failed to prove valid purchase; eviction upheld due to lack of evidence and credibility flaws.
Land law – proof of title – sale alleged during deceased’s lifetime – necessity of legal representative to transfer title; evidentiary requirement of original sale documents; non-joinder of alleged seller and failure to call material witness; possession as a defence to eviction; procedural irregularity (change of presiding officer) not vitiating where no prejudice shown.
 23 September 2011
Musa Juma vs Mwalimu Zinduna (Land Case Appeal 14 of 2010) [2011] TZHCLandD 5 (23 September 2011)
Tribunal validly refused costs after stating reasons under s.30(2) CPC in a boundary-encroachment dispute.
Civil procedure – costs – requirement to give reasons where costs do not follow the event – Section 30(2) Civil Procedure Code – adequacy of reasons stated by Tribunal. Appellate review – power to cure procedural omission where reasons absent – not required where tribunal states explicit reasons. Land law – boundary dispute – encroachment, absence of beacon, evidence of prior consultation/concession.
 23 September 2011
Ramadhani Njuga vs Saidi Shekika (Misc. Land Case Appeal 80 of 2008) [2011] TZHCLandD 2152 (23 September 2011)
Court remits boundary dispute to Ward Tribunal to recall vendor, produce locus sketch and determine alleged encroachment.
Land law – boundary dispute – alleged 3‑ft encroachment by neighbouring owner by creation of a pathway. Procedure – failure of tribunals to consider material witness evidence (vendor) – remittal for further fact‑finding. Evidence – locus in quo inspection and requirement for a sketch map to resolve boundary uncertainty. Remedy – re‑summon vendor, fresh locus evidence and report to higher tribunal only if further appeal lodged.
 23 September 2011