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
August 2013
A vague decree failing to identify immovable property invalidates execution and requires reissuance and re-execution.
Civil Procedure — Order XX, Rule 9 — Decree must sufficiently describe immovable property to enable proper identification; vague decree renders execution void. Execution in excess of decree — nullity. Revision v. appeal — where execution affects a different parcel, revision is appropriate. Joinder — non-parties to original suit improperly joined in revision.
20 August 2013
Respondent proved ownership on the balance of probabilities; credibility findings and late non‑joinder claim did not succeed.
Land law – ownership dispute – proof on balance of probabilities – credibility of witnesses – appellate deference to credibility findings; procedural objection of non‑joinder raised first on appeal not fatal to respondent’s title.
12 August 2013