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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. 

4 judgments
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4 judgments
Citation
Judgment date
June 2014
Kuluthum Mlumange vs Josephine Joseph Litereko (Misc. Land Appeal 62 of 2012) [2014] TZHCLandD 9 (12 June 2014)
Ward tribunal judgment lacking members' identification and chairperson's signature/stamp is a nullity; lower judgments quashed and retrial ordered.
Land procedure — Ward Tribunal records — Judgment must show names/gender of members and be signed/stamped by chairperson — Failure renders proceedings a nullity; appellate tribunal must enquire into validity and quash defective proceedings — Order for retrial de novo.
 12 June 2014
Abdallah Omary Mamba vs Omary Salum Jongo (Misc. Land Appeal 100 of 2013) [2014] TZHCLandD 36 (5 June 2014)
Court quashed dismissal for want of prosecution after denying the applicant written submissions; appeal reinstated and to be heard de novo.
Land procedure — Appeal dismissed for want of prosecution — Right to be heard — Request for written submissions and legal aid assistance — Tribunal's duty to afford lay litigants reasonable opportunity to be represented — Quashing dismissal and reinstatement for de novo hearing.
 5 June 2014
Geofrey Nyambo vs Edgar Joseph (Misc. Land Appeal 53 of 2013) [2014] TZHCLandD 32 (5 June 2014)
Appeal dismissed: Ward Tribunal had jurisdiction and appellate tribunal properly assessed evidence regarding boundary trespass.
Land law – Ward Tribunal jurisdiction – Ward Tribunal competent to hear neighbourly boundary/trespass disputes. Evidence and appellate review – appellate tribunal entitled to assess witness credibility; vendor and witnesses' testimony can decisively determine boundary dispute. Civil procedure – appeal dismissed where lower tribunals properly evaluated evidence.
 5 June 2014
Christina Leonard Nyumayinzu vs Petrina Aloyce (Misc. Land Case Application 61 of 2013) [2014] TZHCLandD 45 (3 June 2014)
Extension of time granted and dismissed appeal restored where counsel's absence for grave personal reasons constituted sufficient cause.
Application for extension of time and restoration of appeal – delay due to advocate's absence for family emergency – 'mention' as court practice not substantive law – restoration granted where delay reasonable.
 3 June 2014