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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. 

5 judgments
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March 2014
Fatuma Mohamed vs Mrisho Said (Misc. Land Case Appeal 47 of 2012) [2014] TZHCLandD 20 (24 March 2014)
Proceedings were declared null due to ambiguity over parties and improper composition of the Ward Tribunal.
Land law – dispute over title: pledge (security for loan) versus sale. Civil procedure – Ward Tribunal irregularities: ambiguous parties, failure to record coram, inconsistent recorders. Effect of procedural defects – nullity of Ward Tribunal proceedings and consequent invalidity of appellate Tribunal decision. Statutory requirement – composition of Ward Tribunal (section 11, Land Disputes Courts Act).
 24 March 2014
Mbelwa Mohamed vs Ndaika Lemoshani (Land Case Appeal 13 of 2013) [2014] TZHCLandD 29 (21 March 2014)
The appellant’s claim to recover land was time-barred under the Limitation Act; appeal dismissed.
Land law – recovery of land – adverse possession – continuous occupation and improvements by occupier; Limitation – Law of Limitation Act, Cap. 89 R.E. 2002, Item 22 Part I Schedule – twelve-year limitation for actions to recover land; Appellate review – correctness of applying limitation to reverse trial tribunal.
 21 March 2014
Mitawa Yohanis Chaula vs Flora Ngailo and Another (Misc. Civil Application 20 of 2010) [2014] TZHCLandD 6 (14 March 2014)
Mis‑citation of a statute does not defeat an application if the correct statutory ground is also pleaded.
Land law – extension of time to appeal – competence of application where incorrect statutory provision cited but correct provision also relied on – mis‑citation does not necessarily render application incompetent; Procedural law – preliminary objection on time bar – burden to substantiate and distinction between preliminary objection and substantive application; Statutes – section 38(1) Land Disputes Courts Act (appeals from Ward Tribunals) vs section 14(1) Law of Limitation Act (extension of time).
 14 March 2014
Abdi Mzalu vs Athuman Hamza (Misc. Land Case Appeal 32 of 2012) [2014] TZHCLandD 16 (10 March 2014)
Concurrent factual findings upheld; respondent proved ownership, appeal dismissed with costs.
Land law – ownership and title; burden of proof on claimant to establish acquisition (inheritance/transfer); appellate review – concurrent findings of fact not to be disturbed absent misdirection or non-direction (Mussa Mwaikunda principle); evidentiary value of locus in quo visit and witness corroboration; failure to adduce proof of title by appellant.
 10 March 2014
Juma Rajabu vs Athmani Iddy (Land Case Appeal 14 of 2013) [2014] TZHCLandD 30 (6 March 2014)
Appeal dismissed for failure to prove ownership; lower tribunals' findings on possession and title upheld.
Land law – title disputes – possession and long cultivation – invitee/caretaker status – burden of proof to establish lease or ancestral ownership – appellate review of concurrent tribunal findings.
 6 March 2014