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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
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September 2013
Balele Martin vs Shenye Ndege & Others (Misc. Land Case Appeal 10 of 2012) [2013] TZHCLandD 11 (9 September 2013)
An improperly constituted ward tribunal (fewer than statutory minimum members) renders proceedings void; appeal dismissed.
Ward Tribunals – composition – statutory minimum membership – less than four members renders proceedings void for want of jurisdiction. District Land and Housing Tribunal – power to nullify and set aside ward tribunal proceedings where tribunal improperly constituted. Locus standi – legal representative must produce documentary proof of appointment (probate). Evidence/procedure – failure of tribunal to put questions to witnesses does not automatically vitiate proceedings.
 9 September 2013
Boaz Leonard vs Juma Mohamed Fundi (Misc. Land Aplication 14 of 2012) [2013] TZHCLandD 10 (2 September 2013)
An affidavit omitting the place of attestation is defective, rendering the supported application incompetent and struck out.
Affidavit — Jurat — Place of attestation — Non‑disclosure renders affidavit defective and application incompetent. Oath/Affirmation — Use of both terms — clerical/typographical error not necessarily fatal. Civil procedure — Application for extension of time — requirement for competent supporting affidavit.
 2 September 2013