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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. 

3 judgments
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3 judgments
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July 2013
Athumani Mussa Kamote vs Emmanuel Kanju (Misc. Land Appeal 87 of 2008) [2013] TZHCLandD 15 (11 July 2013)
An appeal from a Ward Tribunal filed after sixty days is time-barred under G.N.311/1964; appeal struck out with costs.
Limitation of actions – appeals from Ward Tribunal – applicability of Magistrates’ Courts (Limitation) Rules (G.N. 311 of 1964) under s.52(1) Cap.216; no exclusion for time to obtain records (contrast s.19 Cap.89); appeal filed after 60 days is time-barred; deference to trial tribunal’s credibility findings on land purchase.
 11 July 2013
Jabiri Hassani Magwadu vs Omari Salehe (Misc. Land Appeal 21 of 2010) [2013] TZHCLandD 6 (10 July 2013)
Prolonged occupation as a licensee does not vest title; the appellant only owns the purchased 20-acre parcel.
Land law – Licence to occupy – Whether prolonged occupation by a licensee vests title – Held: it does not absent adverse dealing with owner’s interest. Property – Sale of portion – purchaser entitled only to the parcel bought. Civil procedure – Appeal against tribunal findings – appellate court upheld factual and legal conclusions of lower tribunals.
 10 July 2013
Masabuda Bogohe vs Elias Ezekiel and Another (Land Appeal 57 of 2010) [2013] TZHCLandD 4 (4 July 2013)
Appeal dismissed: court upheld validity of signed loan and sale documents and confirmed land allocation to the respondent.
Land law – loan secured by land – whether loan agreement and subsequent sale and transfer validly divested prior title. Evidence – alleged forgery of title and transaction documents; sufficiency of signed instruments and corroborative land office report. Civil procedure – duty to summon witnesses lies with party relying on them; tribunal not obliged to call them. Titles – revocation and reallocation by land office as corroborative administrative evidence.
 4 July 2013