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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. 

11 judgments
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11 judgments
Citation
Judgment date
August 2012
Ally Sudi vs Emmanuel Swai (Misc. Land Case Appeal 1 of 2012) [2012] TZHCLandD 29 (30 August 2012)
Appellant’s encroachment into agreed easement breached the agreement; locus visit unnecessary; appeal dismissed with costs.
Land law – easement – interpretation of written agreement – when locus in quo visit is necessary; Civil procedure – locus in quo inspections discouraged unless record unclear or additional inquiries under s.34(1)(b),(c) required; Contract – alleged promise outside written agreement not binding; self-help encroachment constitutes breach; Evidence – evaluation of witness credibility; Requirements for reasons – compliance with Order XX Rule 4 CPC.
 30 August 2012
Fundya Kilangi vs Kikundi Cha Nguvu Kazi Mikoche Mirefu (Misc. Land Case Appeal 32 of 2012) [2012] TZHCLandD 32 (30 August 2012)
An ex parte Ward Tribunal judgment must be set aside (not revised) first; revision is only for apparent errors; appeal dismissed with costs.
Land law – Ward Tribunal ex parte judgments – proper remedy is application to set aside under Order IX Rule 13(1) CPC; revisionary jurisdiction is exceptional and limited to apparent errors on the face of the record; extension of time to file revision inappropriate where correct remedy is setting aside the ex parte order.
 30 August 2012
Pius Meza vs Paul Kimicha and 4 Others (12 of 2010) [2012] TZHCLandD 4 (30 August 2012)
Wrong or omitted citation of enabling statute rendered the applicant's revision application incompetent and was struck out with leave to refile.
Land law — Procedural law — Competency of application — Wrong or omitted citation of enabling statutory provision is fatal; High Court (Land Division) revisional powers under section 42 of the Land Disputes Courts Act; Order 21 Rule 24(1) CPC and section 19 CPC are inapplicable where no decree or proper jurisdictional basis is shown.
 30 August 2012
Pius Meza vs Paul Kimicha and 4 Others (Land Case Revision 12 of 2010) [2012] TZHCLandD 14 (30 August 2012)
Wrong or missing citation of the enabling statute renders a revision application incompetent and leads to striking out.
Civil procedure – Competency of application – Wrong or no citation of enabling provision is fatal; Land Disputes Courts Act s42 is the relevant provision for High Court appellate/revisional jurisdiction; CPC Order 21 r24(1) not applicable where no decree is before court; application struck out with leave to re-file.
 30 August 2012
France Kibiki vs Atilio Mpangile (Misc. Land Case Appeal 25 of 2010) [2012] TZHCLandD 22 (23 August 2012)
Applicant’s denial disbelieved; sale proved on balance of probabilities; appeal dismissed with costs.
Evidence — assessment and credibility of witness testimony; burden of proof in civil cases — proof on balance of probabilities; appellate review of factual findings of tribunal; failure to call village authority not fatal where claimant's evidence is credible and corroborated.
 23 August 2012
Mussa Kyeju vs Mussa Selemani (Misc. Land Aplication 102 of 2008) [2012] TZHCLandD 138 (15 August 2012)
A recorded deed of settlement becomes a court decree and should be enforced by execution, not by punitive default clauses.
Land law / settlement – recorded deed of settlement – becomes court decree if certain and binding on parties Civil procedure – enforcement – execution of decree as appropriate remedy for default Contract/settlement terms – court should not convert amicable settlements into punitive arrangements by adding coercive default clauses
 15 August 2012
CRDB Bank Limited and Another vs Jenifa Barakael Lyimo (Land Case Appeal 12 of 2007) [2012] TZHCLandD 130 (12 August 2012)
Reported
A spouse’s matrimonial status does not bar mortgage sale of registered land absent a registered caveat protecting that interest.
Matrimonial home – spouse’s rights – Section 59(1) Law of Marriage Act – registrable interest must be protected by registered caveat to prevent alienation of registered land. Customary marriage – proof and presumption of marriage (Section 160) – presumption inapplicable where customary marriage established. Land law – non-retrospectivity – later Land Act provisions cannot be applied retrospectively to invalidate earlier transactions. Validity of mortgage and auction – unregistered spouse interest does not render mortgage or auction void. Civil procedure – court may raise issues suo motu if no injustice results.
 12 August 2012
Samson Nahumu Macha vs Saitabahu Laiser (Land Case Appeal 6 of 2006) [2012] TZHCLandD 127 (7 August 2012)
Delay did not justify extension, but Ward Tribunal proceedings were void for lacking a required female member; retrial ordered.
Land Disputes Courts Act, 2002 — tribunal composition — mandatory gender requirement under ss.11 and 14(1) — failure renders proceedings nullity; Extension of time — requirement to show good and sufficient cause; Revisional jurisdiction — s.36(1)(b) power to quash defective Ward Tribunal proceedings; Procedural fairness — parties’ duty to pursue appeal and tribunal’s limited duty to guide litigants.
 7 August 2012
Maximilian Mbogoro vs Marcelin Komba (Misc. Land Appeal 1 of 2008) [2012] TZHCLandD 131 (4 August 2012)
Delay caused by preferred advocate's absence did not constitute sufficient cause to extend time; appeal dismissed with costs.
Land law – extension of time to appeal – appeal from Ward Tribunal to District Tribunal – Regulation 13(3) – sufficiency of reasons – absence of preferred advocate not automatically good cause – ignorance of law/procedure not sufficient.
 4 August 2012
Edwin Mapunda vs Winfrid Nchimbi (Land Appeal 7 of 2006) [2012] TZHCLandD 114 (3 August 2012)
District tribunal’s failure to consider the Ward Tribunal’s map and the identity of the land vitiated its decision; appeal allowed.
Land law – appeal – identity of disputed land; relevance of prior High Court judgment; importance of locus in quo visit and ward map; procedural fairness – failure of appellate tribunal to consider material map vitiates its decision; restoration of ward tribunal decision.
 3 August 2012
Saida Gadau vs Festo Nziku (Land Case Appeal 14 of 2010) [2012] TZHCLandD 11 (2 August 2012)
An unauthorized tribunal transfer and mid-hearing change of assessors rendered the eviction proceedings null and void.
Land law – District Land and Housing Tribunal – unauthorized transfer of file between tribunals – fatal irregularity and nullity; Composition of tribunal – change of chairperson and assessors mid-hearing – incurable procedural irregularity; Proper parties – administrator of estate versus occupant – procedural objection; Remedy – quashing of proceedings and liberty to refile.
 2 August 2012