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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. 

6 judgments
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6 judgments
Citation
Judgment date
October 2014
Rashid Mwangayeka vs John Nzigilwa (Misc. Land Application 24 of 2010) [2014] TZHCLandD 7 (31 October 2014)
The applicant’s request to extend time to appeal was refused for failure to show good and sufficient cause.
Civil procedure – Extension of time – s.38(1) Land Disputes Courts Act 2002 – applicant must show good and sufficient cause. Medical incapacity – outpatient treatment does not necessarily constitute sufficient cause where applicant could have acted with due diligence. Discretionary relief – exercised judiciously; delay caused by negligence or inaction not sufficient. Duty of counsel – obligation to assist the court; improper citation criticized.
 31 October 2014
Mama Sambage vs Elizabeth Nindi (Land Case Application 23 of 2010) [2014] TZHCLandD 3 (24 October 2014)
Court granted extension of time due to defective service of summons, allowing filing of intended application within 14 days.
Civil procedure — Extension of time under Limitation Act s.14(1) — Order XXXIX r.21 CPC application — Service of summons — Order V rr.12,17,19 — Requirement for serving officer’s affidavit or examination — Defective service can constitute sufficient cause to extend time.
 24 October 2014
Magdalena Sanga vs Obeth Mahenge (Misc. Land Case Appeal 32 of 2012) [2014] TZHCLandD 17 (22 October 2014)
An appellate decision based on a non-existent lower tribunal judgment is null and must be quashed and remitted for a proper judgment.
• Civil procedure – requirement for a valid judgment – necessity of heading, issues, summary of evidence and reasoned conclusions; • Appeals – appellate decision founded on non-existent or defective lower tribunal judgment is nullity; • Remedy – quashing of appellate decision and remittal for composition of proper judgment; • Land tribunal procedure – insufficiency of 'members’ opinions' as a substitute for judgment.
 22 October 2014
Fin Holding Ltd vs Geita Gold Mining Ltd (Land Case 17 of 2005) [2014] TZHCLandD 46 (16 October 2014)
Whether a vacation notice is valid where plaintiff holds prior, court-recognized mineral claim rights.
Mining law – allocation of mineral rights – double allocation; prior District Court finding of lawful mining possession; validity of vacation notice; declaratory relief and injunction; costs.
 16 October 2014
Emma Jacob Haule vs Martin Lambileki (Misc. Land Case Appeal 28 of 2012) [2014] TZHCLandD 15 (10 October 2014)
10 October 2014
Rafael John Mchilo vs Thomas Rafael Mgimba & Others (Misc. Land Case Application 15 of 2013) [2014] TZHCLandD 42 (3 October 2014)
Section 38(1) allows time extensions only for appellate/revisional Tribunal decisions; applications based on original-jurisdiction decisions are incompetent.
Land law – extension of time – applicability of Section 38(1) Land Disputes Courts Act – limited to appellate/revisional jurisdiction of District Land and Housing Tribunal; not applicable to original jurisdiction. Procedural law – wrong statutory citation – constitutes failure to move the court – renders application incompetent and subject to striking out. Costs awarded on striking out.
 3 October 2014