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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 2012
Nicholas Mtei vs Mariam Mohamed Simba (As Adimitratix of the Estate of the late Mohamed) & others (Land Case No. 59 of 2011) [2012] TZHCLandD 153 (12 December 2012)
Land Division dismissed a monetary counterclaim as lacking cause of action and outside its jurisdiction.
Civil procedure – Counterclaim – Requirement that counterclaim disclose a cause of action against the defendant and be maintainable as a separate action; Jurisdiction – Land Division’s subject-matter and pecuniary limits; monetary claims unconnected to land are outside Land Division jurisdiction; Declaratory relief – cannot circumvent jurisdictional limits; Preliminary objections – may be decided on pleadings where lack of cause of action or jurisdiction is established.
 12 December 2012
Nicholas Mtei vs Mariam Mohamed Simba (As the Administratrix of the esata te of the late Mohamed) and Others (Land Case No. 59 of 2011) [2012] TZHCLandD 154 (12 December 2012)
Land court dismisses counterclaim as it discloses no cause of action and is outside the court’s jurisdiction.
Preliminary objection to counterclaim – Cause of action must be disclosed – Counterclaim must be maintainable as separate action and within forum’s jurisdiction – Land Court lacks jurisdiction over purely monetary claims unrelated to land.
 12 December 2012
Mwanaisha Mohamed Ngochele vs Mohamed Salum & Others (Land Case Appeal 99 of 2011) [2012] TZHCLandD 1 (11 December 2012)
Review application timely but inappropriate; re-admission under Order XXXIX Rule 19 was the correct remedy.
Civil Procedure – Review – Form of application mutatis mutandis to appeals; copy of ruling to accompany review application; Limitation – 30 days; time obtaining copy excluded (s.19(1) Cap 89); Review available only for manifest error on face of record, fraud, or denial of hearing; Dismissal for want of prosecution – remedy is re-admission under Order XXXIX Rule 19; Errors of law/obiter proper for appeal, not review; Vague citation "any other enabling provisions" unnecessary.
 11 December 2012
Cherestino Kidadula vs Aulalia Kihaga (Misc. Land Case Appeal 5 of 2012) [2012] TZHCLandD 30 (7 December 2012)
Appellate court upheld tribunals’ finding that respondent’s evidence outweighed appellant’s, dismissing appellant’s ownership claim.
Land law – ownership disputes – evaluation of evidence and credibility; adverse possession – requirement of exclusive long-term possession; appellate review – deference to tribunal credibility findings; locus in quo inspection and admissibility of documents.
 7 December 2012
Frank Marealle vs National Housing Corporation and 2 Others (Land Case Appeal 189 of 2009) [2012] TZHCLandD 124 (3 December 2012)
Reported
A director cannot sue personally for wrongs to his company; suit struck out for lack of capacity despite existent cause of action.
Company law – separate legal personality (Salomon principle); rule in Foss v Harbottle – members/directors cannot sue for company’s wrongs; locus standi/capacity to sue; cause of action – Auto Garage v Motokov three-part test (right, violation, liability).
 3 December 2012