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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 2013
Marwa Kisike vs Medard Nyantora (Misc. Land Appeal 108 of 2008) [2013] TZHCLandD 16 (27 June 2013)
Non‑compliance with section 38(2) procedure (petition filed in District Land and Housing Tribunal) renders land appeal incompetent.
Land law – Appeals – Mandatory procedure under section 38(2) Land Disputes Courts Act (Cap. 216) – Appeal to High Court (Land Division) must be by petition and filed in the District Land and Housing Tribunal – Non‑compliance renders appeal incompetent and liable to be struck out. Costs – court may decline costs where appellant is a layperson.
 27 June 2013
Dionis K. Kachwele vs Rukia Zuberi (Misc. Land Appeal 129 of 2010) [2013] TZHCLandD 9 (26 June 2013)
A time‑barred appeal must be dismissed under section 3 of the Limitation Act, not merely struck out to enable a later leave application.
Limitation law – Law of Limitation Act, Cap 89 R.E. 2002, s.3 – proceedings instituted after prescribed period must be dismissed. Civil procedure – preliminary objection – remedy for time‑barred appeal: dismissal vs striking out to allow leave. Appeals – competence and time limits for appeals from District Land and Housing Tribunal.
 26 June 2013