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.

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10 judgments

Citation	Judgment date
September 2012
Nyamhanga Ng'arare vs Kemange Village Council and 2 Others (Land Appeal 93 of 2008) [2012] TZHCLandD 119 (28 September 2012) Reported Village council cannot re-allocate land in another villager’s possession; appellant declared lawful owner despite later certificate. Land law – village land allocation – legality of re-allocation of land already in possession and development of another villager Evidence – contradictions and hearsay – effect on credibility of allocation claim. Land registration – Section 33 Land Registration Act – limits where grant/registration procured improperly or fraudulently. Customary rights – customary/right of occupancy equal in status to granted right unless lawfully revoked or surrendered	28 September 2012
Gervas Mkoromi and Others vs Joyce Mkoromi (Land Appeal 110 of 2010) [2012] TZHCLandD 9 (27 September 2012) Appeal dismissed for want of prosecution after counsel withdrew due to lack of client cooperation under O.39 R.17(1) CPC. Civil procedure – Withdrawal of counsel – Counsel permitted to withdraw where clients fail to cooperate or give instructions. Civil procedure – Dismissal for non-prosecution – Court’s power under Order 39 Rule 17(1) CPC to dismiss appeals not actively prosecuted	27 September 2012
Abubakar Mkakile vs Alex Maganga & Others (Land Appeal 74 of 2009) [2012] TZHCLandD 150 (25 September 2012) Acceptance of a letter of offer combined with long possession and development confers superior title over later allocations. Land law – allocation of land – double/triple allocation – effect of multiple letters of offer and abandonment of earlier allocation. Land law – contractual completion – acceptance of letter of offer within stipulated period completes grant of right of occupancy. Possession and improvements – long uninterrupted occupation (12+ years) and development protects against dispossession. Civil procedure – counterclaim – tribunal’s duty to consider counterclaims and join necessary parties (Order VIII r.10 CPC) Pleadings – court must adjudicate issues as pleaded; cannot determine unpleaded title basis (customary/deemed occupancy)	25 September 2012
Esther Odemba vs Ongoso Mwita (Misc. Land Case 1 of 2010) [2012] TZHCLandD 21 (25 September 2012) Abandonment and village reallocation, coupled with the limitation period, justified upholding the Ward Tribunal and allowing the appeal. Land law – village reallocation under Operation Vijiji – validity of village allocation as basis of title. Abandonment of land and subsequent acquisition by others through village allocation Limitation Act (Cap.89 R.E.2002) – Rule 22, Part I, Column I – time bar to recovery of land after 12 years. Appellate review – error by District Land and Housing Tribunal in setting aside Ward Tribunal decision	25 September 2012
Joseph Mwingira & Another vs Abdulmalik Issa Mnubi (Misc. Land Appeal 113 of 2008) [2012] TZHCLandD 134 (20 September 2012) Locus in quo measurement confirming disputed boundaries was proper; appeal dismissed with costs. Land law – boundary dispute – ward tribunal – visit to locus in quo and physical measurement – confirmation of area based on landmarks – not unlawful reassignment of boundaries – appeal dismissed.	20 September 2012
Laurensia Matemu vs Cosmas Tarimo and 3 Others (Misc. Land Appication 31 of 2010) [2012] TZHCLandD 19 (17 September 2012) Extension of time granted because tribunal’s procedural and legal defects raised sufficient cause despite applicant’s delayed filing. Extension of time – sufficient cause – sickness not shown to account for delay – illegality and procedural irregularity in tribunal decision (failure to give reasons; jurisdictional uncertainty) as sufficient cause – prospect of success on appeal considered.	17 September 2012
Ernest Hume and 2 Others vs Joseph Rashid Mtunguja (Land Case Appeal 12 of 2008) [2012] TZHCLandD 122 (14 September 2012) Reported Boundary dispute remitted for Land Officer/Surveyor evidence to determine alleged encroachment. Land law — boundary disputes — encroachment — necessity of land surveyor/Land Officer evidence where beacons contested; title deed and officer’s letters insufficient alone; res judicata not established.	14 September 2012
James Hudson Nyati vs Christopher Burton Nyati and Two Others (16 of 2011) [2012] TZHCLandD 5 (14 September 2012) High Court quashed tribunal eviction order obtained by collusion and misrepresentation, allowed revision and awarded costs. Land law – Revision of tribunal proceedings – High Court’s power under s.79 CPC and ss.41/43 Land Disputes Courts Act to call records and revise where fraud or material irregularity is shown Evidence – Collusion and misrepresentation – Proceedings procured by fraudulent facts are nullities Jurisdiction – Pecuniary jurisdiction – tribunal competent to hear genuine lease/possession claims (rent Tshs 150,000)	14 September 2012
Wellworth Hotels & Lodges Limited and Another vs Enterprise (Tanzania) Ltd. (Misc. Land Cause 2 of 2010) [2012] TZHCLandD 24 (12 September 2012) Court refused applicant's injunction and arbitrator appointment, upholding contractual right to sell guarantor's deposited properties. Contract law – Enforcement of contractual sale clause permitting sale of guarantor’s deposited properties on buyer default – Injunctions – temporary injunctions cannot override express contractual rights or be perpetual; Order XXXVII Rule 3 limits duration – Arbitration law – notice of intention to arbitrate is not commencement; court will not appoint arbitrator absent valid commencement – Constitutional provisions should be invoked sparingly.	12 September 2012
Hemedi Mohamed vs Sala Taodori (Misc. Land Appeal 104 of 2008) [2012] TZHCLandD 136 (4 September 2012) Extension of time granted due to forum confusion, jurisdictional illegality (adverse possession), and prospects of success. Civil procedure — extension of time — whether delay of over three years can be excused where there is confusion about forum and jurisdictional illegality Jurisdiction — Ward Tribunal — competence to decide adverse possession — decisions on matters beyond jurisdiction amount to illegality justifying extension of time Procedure — composition of Tribunal — failure to sit with required assessors (and absence of woman) undermines validity of proceedings. Appeal prospects — likelihood of success is a relevant consideration when granting extension of time	4 September 2012