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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.

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1 judgment

Citation	Judgment date
January 2014
Twalibu Kihwele vs Shabani Gawaza (Land Case Appeal 37 of 2013) [2014] TZHCLandD 31 (30 January 2014) Respondent’s village allocation and credible witness evidence established ownership; appeal against DLHT decision dismissed. Land law – ownership dispute over allocated wet paddy land; appellate procedure – applicability of Order XXXIX Rule 31 CPC vis-à-vis Land Disputes Courts Regulations; locus in quo inspections are exceptional and unnecessary where trial tribunal inspected; new factual issues raised first on appeal generally not entertained; credibility of documentary allocation and corroborating witness evidence governs ownership determination.	30 January 2014

Citation

Judgment date

January 2014

Twalibu Kihwele vs Shabani Gawaza (Land Case Appeal 37 of 2013) [2014] TZHCLandD 31 (30 January 2014)

Respondent’s village allocation and credible witness evidence established ownership; appeal against DLHT decision dismissed.

Land law – ownership dispute over allocated wet paddy land; appellate procedure – applicability of Order XXXIX Rule 31 CPC vis-à-vis Land Disputes Courts Regulations; locus in quo inspections are exceptional and unnecessary where trial tribunal inspected; new factual issues raised first on appeal generally not entertained; credibility of documentary allocation and corroborating witness evidence governs ownership determination.

30 January 2014