High Court Land Division - 2012 February

Sort by:

6 judgments

Citation	Judgment date
February 2012
Robert Majondo vs Pancras Kamilu (Misc. Land Case Appeal 17 of 2007) [2012] TZHCLandD 113 (29 February 2012) Reported Dispute over removed stones was a criminal matter, not a land case; District Land and Housing Tribunal lacked jurisdiction. Land jurisdiction – dispute over removal/appropriation of stones not a land dispute; Ward Tribunal exercising criminal jurisdiction — appeal lies to Primary Court; District Land and Housing Tribunal lacked jurisdiction; proceedings quashed.	29 February 2012
Peter Constantine vs Cleophance Laurent (Misc. Land Case Appeal 18 of 2008) [2012] TZHCLandD 142 (28 February 2012) Proceedings based on missing or inconsistent Ward Tribunal records are nullified and the matter remitted for fresh trial or mediation. Land tribunals – missing or inconsistent Ward Tribunal records – appellate jurisdiction requirements under s.38 Land Disputes Courts Act – incurable procedural irregularities – nullity of proceedings – remittal for retrial or mediation.	28 February 2012
Hamis Bushiri Pazi & Others vs Saul Henry Amon & Others (Land Case 185 of 2004) [2012] TZHCLandD 152 (24 February 2012) Court-ordered sale became absolute; plaintiffs failed to prove ownership, eviction lawful, suit dismissed with costs. Land law – execution of decree by attachment and sale – Order XXI (Rules 87–92, 90) – certificate of sale makes sale absolute – sale under court supervision valid; title deed as conclusive evidence (Section 100 Evidence Act) – eviction under court order lawful – claim barred where sale became absolute (Order XXI Rule 90(3)).	24 February 2012
Ndaliu A. Madoti vs Hoseni K. Sumbuguma (Land Case Revision 8 of 2010) [2012] TZHCLandD 13 (24 February 2012) Late counter‑affidavit valid where leave was sought in court; advocate who attested a party's affidavit disqualified from representing opponent. Land procedure – preliminary objections: late counter‑affidavit – leave sought in open court and effectively granted; conflict of interest – advocate who attested a party's affidavit (as commissioner for oaths) disqualified from representing opposing party; party permitted to secure new counsel and amend pleading.	24 February 2012
Faraji Swedi Msangi vs Ibrahim Nziku and Another (Land Case Appeal 6 of 2010) [2012] TZHCLandD 10 (15 February 2012) Reported A timber sale dispute with a pledged house is contractual, not a land matter, so the land tribunal lacked jurisdiction. Jurisdiction – Land Disputes Courts Act – Whether an action founded on breach of a timber sale agreement with a pledged house is a land dispute. Contract v. land matter – Conditional sale clause does not necessarily create an equitable mortgage Precedent – Distinguishing previous High Court authority where the claim involved possession of a mortgaged house Forum – Contractual disputes belong to ordinary civil courts, not the District Land and Housing Tribunal	15 February 2012
Rwegasira Albin Evarist vs Sinohydro Corporation Limited (Land Case No. 11 of 2011) [2012] TZHCLandD 131 (8 February 2012)	8 February 2012