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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. 

2 judgments
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2 judgments
Citation
Judgment date
June 2012
Rosemary Mpali vs George Ndahani (Land Case Appeal 109 of 2010) [2012] TZHCLandD 12 (29 June 2012)
Reported
Court quashed lower tribunal decisions where the respondent had sued a wrong party lacking legal capacity to be sued.
Land law – party capacity – locus standi – whether defendant represented deceased owner as administrator or heir. Civil procedure – wrongful party sued – nullity of proceedings and judgments – quashing and setting aside of tainted decisions. Limitation/possession issues considered but determination set aside due to improper defendant.
 29 June 2012
Tanzania Milling Company Limited vs Kwanza Tours & Travels Limited and 2 Others (Misc. Land Cause 4 of 2010) [2012] TZHCLandD 25 (1 June 2012)
An application to intervene and stay review proceedings at mention was premature; the review must be heard and determined first.
Civil Procedure – Intervention – Whether an intended intervener may be permitted at mention to intervene and obtain a stay of review proceedings – intervention at mention held premature. Civil Procedure – Stay of proceedings – exercise of inherent powers – insufficient reasons and improper timing to invoke inherent powers to stay review. Procedural law – commencement of proceedings – a review with a delivered ruling is a matter to be heard before any intervention to stay.
 1 June 2012