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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. 

9 judgments
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9 judgments
Citation
Judgment date
July 2012
New Sudan Building Materials Cooperative Society Limited vs Sophia Amiri Mrisho(Administratrix of the Estate of the Lateamiri Mrisho (55 of 2009) [2012] TZHCLandD 2 (26 July 2012)
Applicant's unprepared counsel and unjustified adjournment led to dismissal for failure to prosecute and costs.
Land procedure — Revision application — Failure to prosecute — Counsel unpreparedness and unjustified adjournment — Non-appearance treated as ground for dismissal under Order IX Rule 8 CPC — Costs awarded.
 26 July 2012
Dharmesh Vinesh Joshi vs B.G Vaghela & Another (Land Case 183 of 2004) [2012] TZHCLandD 151 (24 July 2012)
Plaintiff with letter of offer, survey and receipts proved title; defendants failed to prove prior ownership or fraud.
Land law – Proof of ownership – Offer and acceptance of right of occupancy – Documentary evidence (sale agreement, survey, letter of offer, rent receipts) – Burden of proof (Evidence Act s.110) – Allegation of fraud must be strictly proved – Failure to tender prior sale documents defeats competing title claims.
 24 July 2012
Alim Kafunga Mwangoti vs Mufindi District Council (Misc. Land Aplication 35 of 2012) [2012] TZHCLandD 27 (17 July 2012)
Application for extension of time to file notice of appeal dismissed for failure to show good and sufficient reasons.
Civil procedure — Extension of time — Application under Limitation Act and Civil Procedure Code — Requirement to show "good and sufficient" reasons — Failure to annex supporting medical evidence — Negligence in following up judgment — Ex parte judgment — Notice of appeal.
 17 July 2012
Selemani Luwanda vs Josephine Kategile (Misc. Land Aplication 18 of 2008) [2012] TZHCLandD 137 (17 July 2012)
Extension of time granted where applicant showed good cause due to delay obtaining signed/certified judgment.
Civil procedure – Extension of time – Requirement to show "good and sufficient" cause – Delay caused by difficulty obtaining properly signed/certified copies of judgment due to transfer of trial chair – Delay excused if not due to applicant's negligence.
 17 July 2012
Easterness Company Limited vs Michael Lupiana and Another (Land Case 345 of 2009) [2012] TZHCLandD 115 (16 July 2012)
Reported
Defendants' late written statement of defence rejected for failure to seek leave; matter ordered to proceed ex parte.
Civil procedure – Written Statement of Defence – late filing – requirement to seek leave to file out of time (Order VIII r.14(i) CPC) – effect of failure to file formal objection – pleadings filed out of time are not admitted – matter ordered to proceed ex parte.
 16 July 2012
Royal Court Hotel Limited vs Executive Director Kinondoni Municipal Council & Other (Misc. Land Aplication 91 of 2012) [2012] TZHCLandD 28 (11 July 2012)
Reported
Court granted interim injunction restraining demolition, invoking inherent powers and section 2 due to imminent irreparable harm.
Land law – interim injunction to restrain demolition by public authorities; inherent jurisdiction and section 2 Judicature Act; section 95 Civil Procedure Code – power to grant interlocutory relief before institution of main suit; statutory pre-action notice versus urgency and irreparable harm; competence objections (absence of plaint) for substantive determination.
 11 July 2012
Nesphori Lemunge vs Hindu Rajabu (Misc. Land Case Application 24 of 2012) [2012] TZHCLandD 33 (8 July 2012)
Extension granted where applicant promptly acted after discovering former counsel's misleading advice, establishing sufficient cause.
Limitation—extension of time under section 14; reasonable and sufficient cause; reliance on counsel's advice/mishandling; accounting for delay; triable issues and prospects of success; prejudice to respondent.
 8 July 2012
Samweli Mazuguni vs Zainabu Korongo (Misc. Land Appeal 1 of 2010) [2012] TZHCLandD 15 (5 July 2012)
Absence of coram and members' names rendered the Ward Tribunal's proceedings invalid; case remitted for retrial.
Civil procedure — Ward Tribunal proceedings — requirement to record coram and names of members — non-compliance vitiates proceedings Tribunal constitution — Land Disputes Courts Act s.14 — minimum three members and at least one woman Record-keeping — Ward Tribunal Act s.24(1) — proper record of proceedings mandatory Remedy — judgments of lower tribunals quashed and matter ordered retried de novo
 5 July 2012
Mwinyishehe Abdallah vs Christian Christopher and Another (Land Appeal 8 of 2009) [2012] TZHCLandD 116 (4 July 2012)
Reported
Sale invalid where alleged seller was deceased; land tribunal erred in relying on criminal acquittal to determine ownership.
Land law — Validity of sale where alleged seller is deceased — Reliance on criminal acquittal to determine civil ownership — Buyer beware (caveat emptor) — Reversion of title to estate and transfer by appointed administrator.
 4 July 2012