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. 

3 judgments
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3 judgments
Citation
Judgment date
February 2013
Reported
Appeal struck out as incompetent because the extracted decree lacked the judgment date required by Order XX Rule 7.
Civil procedure — Order XX Rule 7 — Decree must bear date of judgment — noncompliance renders appeal incompetent and liable to be struck out; Court may raise competency suo motu — no costs ordered when defect so raised.
25 February 2013
Tribunal improperly struck out a land suit as res sub judice and pre-determined merits; matter remitted for rehearing.
Land procedure – res sub judice – tribunal ought to stay proceedings pending higher court determination, not strike out; affidavit verification – deponent's statement of personal knowledge sufficient; tribunal pre-determination of merits – abuse of process; revisional jurisdiction vs appeal.
13 February 2013
High Court quashed ex parte judgment where tribunal proceeded despite a pending application, exercising revisional powers under s43(1).
Land law — Revision under s.43(1) Land Disputes Courts Act — Ex parte judgment — Tribunal proceeding while application to set aside ex parte order pending — procedural irregularity vitiating proceedings — remittance for continuation of defence hearing.
11 February 2013