Skip to document content Skip to main menu Skip to search

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
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
July 2014
Khatibu Mohamed Diwani ( The administrator of the estates of the late Mohamed Khatibu Diwani Vs Mary Wanjira Bishota ( The administratrix and Administrator of the estates of the late Deusdedit Mujwahuzi Kagisa Bishota (Land Appeal No. 11988 Of 2024) [2014] TZHCLandD 51 (26 July 2014)
An extension of time order was interlocutory and not appealable; the appeal was struck out and remitted to the tribunal.
Interlocutory order — appealability — "nature of the order" test; extension of time to file application to set aside dismissal — whether final determination of rights; premature appeal; remittance to trial tribunal.
 26 July 2014
Ally Shabani vs Mhunge Madunda (Land Case Appeal 6 of 2013) [2014] TZHCLandD 28 (11 July 2014)
Long uninterrupted possession for over 17 years established the respondent's title by adverse possession; appeal dismissed with costs.
Land law – adverse possession – long uninterrupted occupation conferring title Evidence – delay and abandonment – prolonged failure to assert claim weakens title claim. Documentary evidence – alleged grant/gift and its legal effect considered in context of possession and delay
 11 July 2014
Clement Raphael vs Elias Sekiete (Misc. Land Case Appeal 45 of 2012) [2014] TZHCLandD 19 (11 July 2014)
A person suing personally for land of a deceased lacks locus standi; incompetent tribunal proceedings were quashed and a fresh suit permitted.
Civil procedure – locus standi – claim brought personally for land of deceased estate without letters of administration or compliance with Probate and Administration of Estates Act renders proceedings incompetent and liable to be quashed. Appellate procedure – lower appellate court should not entertain appeals arising from nullity proceedings Remedies – quashing of incompetent tribunal proceedings and allowance to file fresh suit following proper procedure
 11 July 2014
Clement Raphael vs Elias Sekiete (Misc. Land Case Appeal 45 of 2015) [2014] TZHCLandD 50 (11 July 2014)
Proceedings are null where claimant lacks locus standi for failing to sue as administrator of a deceased’s estate.
Land law - locus standi - claimant asserting rights of deceased must sue as administrator under Probate and Administration of Estates Act; proceedings by person lacking capacity are incompetent/nullity; appeal arising from null ward-tribunal proceedings is wrongly entertained by appellate tribunal.
 11 July 2014
Saitoti Lukumai vs Juma Lossini (Misc. Land Case Appeal 21 of 2012) [2014] TZHCLandD 12 (11 July 2014)
District tribunal correctly issued a ruling and quashed Ward Tribunal decision due to jurisdictional and procedural defects.
Land procedure — Ward Tribunal lacks appellate jurisdiction; only receives references from Village Council — proceedings founded on defective procedure can be quashed; District Tribunal may issue ruling rather than judgment when matter not decided on merits due to jurisdictional irregularity.
 11 July 2014
Hamisi Athuman Shunda vs Gadiel Mdoe Shekialilo (Misc. Land Case Application 15 of 2012) [2014] TZHCLandD 22 (4 July 2014)
Application for extension of time struck out for being founded on wrong statutory provision and thus incompetent.
Land law — Extension of time — Competence of application — Wrong or non‑enabling statutory provision — Section 52(2) Land Disputes Courts Act; Limitation Act inapplicable where appeal originates from Ward Tribunal — Failure to properly move the Court is fatal.
 4 July 2014