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.

11 judgments

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11 judgments

Citation	Judgment date
October 2012
Bakwata Mugango vs Mafuru Kiraka (Misc. Land Appeal 28 of 2010) [2012] TZHCLandD 16 (31 October 2012) Reported Proceedings brought by a non-existent entity and against a person lacking letters of administration were quashed and ordered retried. Civil procedure – capacity to sue – non-existent/unregistered party; Trusts – legal personality – suits against trustees not the trust; Locus standi – administration of estates – letters of administration required; Appellate powers – calling additional evidence under s.34(1)(b) – requires application, relevance, credibility and opportunity to cross‑examine; Quashing of proceedings and retrial de novo.	31 October 2012
Damari Zabron vs Wansato Wambura & Another (Misc. Land Case Appeal 67 of 2008) [2012] TZHCLandD 146 (29 October 2012) District Land and Housing Tribunal lacked jurisdiction over Ward Tribunal criminal appeals; its proceedings were void. Jurisdiction of Ward Tribunal to try criminal offences; appeals from Ward Tribunal criminal matters lie to Primary Court; District Land and Housing Tribunal lacks criminal appellate jurisdiction; invalid exercise of section 35(1)(b) where appellate tribunal lacks jurisdiction; proceedings of tribunal without jurisdiction are nullities.	29 October 2012
Halid Shemvaa vs Nuru Kilua (Misc. Land Appeal 6 of 2006) [2012] TZHCLandD 129 (29 October 2012) Land recovery claim dismissed as time‑barred after appellant failed to prove ownership or prior proceedings. Land law – recovery of possession – limitation period – 12 years; continuous and uninterrupted possession; burden of proof and documentary evidence; alleged prior proceedings treated as afterthought; appellate review of tribunal findings of fact.	29 October 2012
Mkoroto Mtaka vs Mabula Matuta & Another (Misc. Land Case 12 of 2008) [2012] TZHCLandD 139 (29 October 2012) Ex parte appellate judgment quashed for defective service and improper delegation of process-server duties; matter remitted for rehearing with costs. Land procedure – service of process – process server must effect service personally; delegation to village officials not recognized – substituted service by publication must be proved – ex parte appellate hearing and failure to determine co-appellant’s appeal constitute procedural irregularity – appellate proceedings quashed and matter remitted for rehearing.	29 October 2012
Thomas Kunogoleka vs Joseph Elias (Misc. Land Case Appeal 53 of 2010) [2012] TZHCLandD 23 (25 October 2012) Appeal titled as a "Memorandum" was not fatal; appeal filed beyond 60 days was incompetent and struck out. Land law – Appeals to High Court under s.38 Cap 216 – nature of document: "Petition of Appeal" vs "Memorandum of Appeal" – nomenclature not fatal. Limitation – s.38(1) Cap 216 – time runs from date judgment pronounced; 60-day period mandatory absent extension. Procedure – attachment of judgment/records not a condition precedent for filing petitions from Ward Tribunal. Remedies – incompetent, time‑barred appeals should be struck out, not dismissed.	25 October 2012
Mbusiro Magubu vs Magongwe Eginga (Misc. Land Case Appeal 107 of 2008) [2012] TZHCLandD 149 (24 October 2012) Informal occupation or private grant without lawful allocation does not defeat registered owner's title; respondent held a trespasser. Land law – Ownership vs. adverse possession – Informal private grant insufficient to confer title – Allocation by Village Land Council required – Trespass.	24 October 2012
Leonard Ntogwa vs Enock Mabagala (Misc. Land Case Appeal 13 of 2008) [2012] TZHCLandD 140 (18 October 2012) Time to appeal from the District Land Tribunal runs from judgment date; late appeals are incompetent and struck out. Land law — Appeals from District Land and Housing Tribunal — Section 38(1) Cap 216 — Time for filing an appeal runs from date judgment pronounced; copies of proceedings/judgment/decree not mandatory — Petition and payment of fees complete filing — Computation of limitation under Section 19(1) Cap 89 — Incompetent late appeals to be struck out, not dismissed.	18 October 2012
Wilbad Lubuye vs Mkaka Magafu (Misc. Land Case Appeal 66 of 2008) [2012] TZHCLandD 145 (17 October 2012) An appeal filed after the 60‑day statutory period is incompetent and is struck out rather than dismissed. Land law — Appeals — Time for filing appeals under Section 38(1) Cap. 216; limitation computed from date of judgment; petition and fees sufficient for filing; attachment of judgment not mandatory; incompetent appeal struck out (not dismissed); Court raising lateness suo motu — no costs.	17 October 2012
Abdallah Ngimbudzi vs Melida Mwogofi (Misc. Land Case Appeal 10 of 2012) [2012] TZHCLandD 31 (11 October 2012) Whether the tribunal erred in assessing evidence and accepting the respondent's title documents in a land ownership dispute. Land law — ownership dispute; evidentiary weight of oral testimony regarding administration of a deceased's estate; authenticity and admissibility of title documents – alleged forgery and absence of sellers' signatures; proof of transfer — witness requirements; scope of review on second appeal.	11 October 2012
Makonyo Makanga vs Idd Said Kisauke (Misc. Land Appeal 102 of 2008) [2012] TZHCLandD 133 (4 October 2012) The District Land and Housing Tribunal correctly treated the matter as an appeal from a valid Ward Tribunal; the appeal is dismissed with costs. Land law – Appeals – Appeal from Ward Tribunal to District Land and Housing Tribunal – existence and constitution of Ward Tribunal and appealability of its decisions. Procedural irregularity – Allegation of improperly constituted Ward Tribunal sitting (number of members, chairperson) – assessment of record and validity of proceedings. Relief – Claim for retrial and challenge to pecuniary jurisdiction – dismissed where no substantiated irregularity.	4 October 2012
Sharack A. Mimo and Another vs Salima Hussein Mwasa (Land Appeal 67 of 2010) [2012] TZHCLandD 6 (2 October 2012) Temporary injunction dismissed as overtaken by events after eviction; substantive appeal remains pending. Land law – interim relief – application for temporary injunction – overtaken by events where eviction occurred – preliminary objection dispositive; Order XXXVII r.1 & S.95 CPC.	2 October 2012