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.

12 judgments

Advanced search

All years

All months

Filters

Sort by:

12 judgments

Citation	Judgment date
November 2012
Anna Peter Mkomea vs Mussa S. Msangi and Another (Land Appeal 10 of 2010) [2012] TZHCLandD 117 (29 November 2012) Reported A sale of matrimonial land without the applicant’s consent is null; purchaser must inquire under the Land Act. Land law – Sale of land held in one spouse’s name – duty of purchaser to inquire about co‑spouse’s consent (Land Act s.161(2),(3); Law of Marriage Act s.59) – sale without spousal consent voidable/null – tribunal decision set aside.	29 November 2012
Joel Samwel vs Tami M.Muyenjwa (8 of 2010) [2012] TZHCLandD 3 (28 November 2012) Extension of time for revision refused where applicant defaulted at trial and the Tribunal had jurisdiction. Civil procedure – extension of time for revision – applicant’s default at trial and withdrawal of application to set aside ex parte decree – jurisdictional objections must be raised during trial – Rule 4 Order XLII CPC.	28 November 2012
Ramadhani Salum Mganga vs James Mbatina (Land Case 8 of 2005) [2012] TZHCLandD 128 (19 November 2012) High Court set aside an ex parte stay of execution given after a consensual strike-out, holding the tribunal erred and natural justice was affected. Civil procedure – stay of execution – ex parte interlocutory orders – requirements and limits Civil procedure – effect of consensual/struck-out orders on subsequent execution proceedings Natural justice – right to be heard where interlocutory relief affects a party who sought strike-out for settlement Tribunal jurisdiction – error in issuing stay without evidence of ongoing settlement or performance	19 November 2012
Kuri Akwama vs Aos Seth (Misc. Land Appeal 91 of 2008) [2012] TZHCLandD 132 (5 November 2012) Whether customary law confers title and standing to mortgage, and whether a boundary can be a physical land feature. Customary land law – clan-inheritance rules – effect on capacity to own, mortgage or sell land. Informal (unregistered) mortgages – redemption and sale – effect of mutual sale agreement between mortgagor and mortgagee. Locus standi – representative suits on clan land – requirement to demonstrate explicit authority to represent the clan. Civil procedure – role of assessors and written submissions – effect on participation and disqualification claims. Boundary disputes – characterization of a physical feature (hill) as the land in dispute; reliance on Ward Tribunal evidence on appeal	5 November 2012
Chenge Robert & Another vs Paulo M. Kihila (Misc. Land Case Appeal 16 of 2008) [2012] TZHCLandD 141 (2 November 2012) Appellate tribunal erred by deciding ex parte without proper service and without original Ward Tribunal record; rehearing ordered. Land procedure – Service of process – Service by Village Executive Officer or Hamlet Chairman is not proper; Court Process Server must effect service. Procedural fairness – Right to be heard – Ex parte determination without proper service violates right to be heard. Record requirements – Appellate tribunal must have original or certified proceedings of Ward Tribunal; uncertified photocopies are inadequate Remedy – Quash lower proceedings and order rehearing de novo	2 November 2012
Daniel Nyakutwi Solomoni vs Emmanuel Omolo (Land Appeal 79 of 2010) [2012] TZHCLandD 8 (2 November 2012) District Land Tribunal correctly applied res judicata but lacked jurisdiction to nullify Primary Court letters of administration. Land law – res judicata – effect of an unreversed Ward Tribunal decision on subsequent proceedings between same parties. Tribunal jurisdiction – District Land and Housing Tribunal lacks power to hear probate and administration matters or to nullify letters of administration. Probate law – Probate and Administration Ordinance (Cap 445) governs grants; Law of Limitation Act not strictly applicable to probate. Procedural law – proper forum to challenge letters of administration is the issuing court or a superior court on appeal	2 November 2012
Joyce Kaizirege vs Erick Semgambo (Misc. Land Case Appeal 100 of 2008) [2012] TZHCLandD 148 (2 November 2012) Subsequent suit on same easement between same parties was barred by res judicata; appeal allowed with costs. Civil procedure – Res judicata – Section 9 Civil Procedure Code – applicability where same parties, same cause (easement), competence and final decision in prior suit – subsequent suit barred.	2 November 2012
Juma Bakari vs Bakari Hamadi (Land Case Appeal 5 of 2006) [2012] TZHCLandD 126 (2 November 2012) Appellant failed to prove ownership or tenancy; tribunal’s factual findings upheld and appeal dismissed with costs. Land disputes — proof of ownership — credibility of oral testimony and absence of documentary evidence; Jurisdiction — proceedings before courts lacking land jurisdiction are void; Burden of proof — party alleging ownership or asserting tenancy must call supporting witnesses/documents; Appellate review — appellate court will not disturb tribunal’s factual findings absent good reason.	2 November 2012
Mkurugenzi Wa Nelis vs Eliab Cassius (Land Appeal 73 of 2010) [2012] TZHCLandD 7 (2 November 2012) Negotiations and a litigant’s unfamiliarity with procedure can justify enlargement of time to file an appeal. Extension of time – Reasonable and sufficient cause – Negotiations and execution as grounds for delay; Procedural rules as handmaids of justice – courts should not use technicalities to bar access to justice; Lay litigant’s unfamiliarity with procedure as factor in granting enlargement of time; Need for fresh tribunal chair to hear reheard appeal to preserve fairness.	2 November 2012
Wilson Ongong'a vs Tafroza Gimonge (Misc. Land Appeal 76 of 2010) [2012] TZHCLandD 18 (2 November 2012) Appellant’s uncorroborated hearsay failed to rebut Village Land Committee evidence; appeal dismissed with costs. Land law – proof of ownership/occupation – allocation during villagilization – evidentiary value of Village Land Committee testimony and DLHT locus inspection; hearsay insufficient to displace concurrent tribunal findings.	2 November 2012
Avunilwa Silas Makono vs Tanga City Council and Another (Land Case Appeal 84 of 2008) [2012] TZHCLandD 123 (1 November 2012) Reported Earlier occupant had superior claim, but practical impossibility of restoration justified compensation and alternative plot. Land law – priority of occupation/title – earlier occupant has superior claim to subsequently allocated plot; Administrative acts – unlawful subdivision and allocation by local authority; Remedies – when restoration is impracticable due to permanent structures and resurvey, compensation and allocation of alternative plot are appropriate remedies.	1 November 2012
Juma Machemba vs Ng'weng'weta Nkunula (Misc. Land Case Appeal 84 of 2008) [2012] TZHCLandD 147 (1 November 2012) Respondent's long possession and witnessed written allocation established ownership; appeal dismissed. Land law – long possession/adverse possession and allocation within family – proof by written allocation, witness testimony and tribunal locus visit; appellate review of concurrent findings of fact.	1 November 2012