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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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5 judgments
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Judgment date
May 2014
Amross Maoka vs Steven Chacha (Misc. Land Appeal 70 of 2013) [2014] TZHCLandD 34 (30 May 2014)
Ward tribunal lacked pecuniary jurisdiction over a land dispute valued above its monetary limit; proceedings nullified.
Land law – Jurisdiction – Pecuniary jurisdiction of ward tribunal – Dispute over land valued above monetary limit – Proceedings of incompetent tribunal nullified and set aside; respondent advised to institute suit in competent tribunal.
 30 May 2014
Daudi Gibson Mwakapumbe vs Bryson Gibson Mwakapumbe (Misc. Land Appeal 72 of 2013) [2014] TZHCLandD 35 (30 May 2014)
Applicant’s appeal dismissed as time-barred for one-year delay and failure to seek extension of time.
Civil procedure – Appeals – limitation period – where original dismissal advised refiling subject to limitation, subsequent filing after one year is time-barred; Procedural remedy – applicant must apply for extension of time if delayed in obtaining certified ruling; Appellate review – dismissal for being out of time justified absent application for extension.
 30 May 2014
Salehe Mohamed Muhawi vs Sultan Hassan Mkangama (Misc. Land Appeal 68 of 2013) [2014] TZHCLandD 33 (27 May 2014)
Whether the tribunal improperly relied on an allegedly forged sale document and ignored the appellant’s evidence.
Land law – conflicting sale agreements – admissibility and authenticity of sale documents; assessment of witnesses and occupation evidence. Evidence – evaluation of documentary and oral evidence; duty of tribunal to consider earlier ward-tribunal evidence. Civil procedure – challenge to tribunal’s findings where material discrepancies in documents and witness availability exist.
 27 May 2014
Halmashauri Ya Walei Parokia Ya Matembwe vs Petro Kitaluka (Misc. Land Case Appeal 29 of 2010) [2014] TZHCLandD 8 (25 May 2014)
Procedural defects and improper composition of the ward tribunal vitiated its jurisdiction; matter remitted for de novo hearing.
Land law – Ward Land Tribunal procedure – deficient record-keeping, lack of cross-examination and unsigned, conflicting judgement parts amounting to failure of justice. Tribunal composition – non-compliance with s.14(1) Land Disputes Courts Act (Cap. 216) – improperly constituted tribunal; lack of jurisdiction. Remedy – proceedings and appellate decision declared nullity; matter remitted for de novo hearing. Section 45 Land Disputes Courts Act – procedural irregularities that occasion failure of justice cannot be saved.
 25 May 2014
Samaria Village Council vs Patrick Mwalongo and 5 Others (Land Case Application 14 of 2010) [2014] TZHCLandD 2 (23 May 2014)
Delay awaiting tribunal copies and counsel’s commitments do not constitute sufficient cause for extension of time.
Extension of time — sufficient cause — delay in obtaining certified copies of tribunal judgment; duty of party to follow up copies; counsel’s engagements and delegation of filing duties; negligence and lack of diligence as grounds for refusing extension.
 23 May 2014