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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. 

7 judgments
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7 judgments
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Judgment date
August 2014
Hussein Chota vs Mufindi District Council & Another (Misc. Land Appication 4 of 2013) [2014] TZHCLandD 37 (29 August 2014)
Applicant failed to prove sufficient cause for extension of time; application refused and costs awarded to respondents.
Limitation law – extension of time under s.14(1) Limitation Act; requirement to show sufficient cause; necessity to lodge and annex registry request for copies of judgment/ruling; appealability of decisions disposing of entire claim even if based on preliminary objection; discretionary nature of extension of time.
 29 August 2014
Abdallah Mbuma vs Gabriel Lugala (Misc. Land Aplication 1 of 2013) [2014] TZHCLandD 38 (22 August 2014)
Unsubstantiated failure to comply with an order to file written submissions justified dismissal of extension application with costs.
Extension of time – Section 38(1) Land Disputes Courts Act – requirements for granting extension; Non-compliance with court orders – failure to file written submissions amounts to non-appearance/want of prosecution; Excuses – unsubstantiated sickness and bereavement not sufficient to justify extension; Costs – dismissal with costs for inaction and laxity.
 22 August 2014
Frank Mgaya vs Jacob Mgaya (Misc. Land Aplication 2 of 2013) [2014] TZHCLandD 39 (22 August 2014)
Extension of time granted where delay in filing appeal was caused by tribunal’s late supply of judgment and records.
Limitation of actions – extension of time – Section 14 Law of Limitation Act – when delay is caused by failure to supply judgment/records. Computation of limitation period – exclusion of time spent obtaining copies of judgment, decree and proceedings (Section 19(2)). Relief – grant of extension of time and costs.
 22 August 2014
Kassim Yakub Mwinyijuma vs Iringa Municipal Council (Misc. Land Case Application 37 of 2012) [2014] TZHCLandD 21 (22 August 2014)
Application for extension of time denied: medical evidence insufficient and intended appeal lacked prospects, application dismissed with costs.
Civil procedure – Appellate Jurisdiction Act, Section 11(1) – extension of time to apply for leave to appeal – proper provision for leave is Section 5(1)(c). Procedure – requirement to show sufficient cause for extension of time – medical evidence must be credible and substantiate incapacity or bona fide delay. Appeals – court may consider prospects of success when exercising discretion to extend time.
 22 August 2014
Vicent Kutika vs Anjelina Nyamahanga (Misc. Land Case Appeal 7 of 2012) [2014] TZHCLandD 11 (22 August 2014)
Uncorroborated oral claims of efforts to obtain judgment records do not justify extension of time to appeal.
Civil procedure – Extension of time – Applicant must show sufficient cause for delay; delay caused by tribunal failing to supply records may suffice but must be proved. Evidence – Oral assertions and unproduced payment receipts insufficient; corroborating affidavits or receipts required to establish diligence. Onus of proof – Applicant bears burden to prove that delay was due to trial tribunal and that reasonable efforts were made to obtain records.
 22 August 2014
Hussein Masuma & Others vs Kabwe Hussein (Land Appeal 48 of 2013) [2014] TZHCLandD 25 (13 August 2014)
Misnaming an appeal document as a "memorandum" rather than a "petition" is a curable procedural defect; amendment ordered.
Land law – Appeals – Form and competence – "Memorandum" vs "petition" of appeal – Misnaming a pleading is a procedural semantic defect not necessarily rendering an appeal incompetent; amendment permitted; reference to s.38(1)-(3) Land Disputes Courts Act (Cap 216 R.E. 2002).
 13 August 2014
Petro Mbasha vs Martin Ishika (Misc. Land Case Appeal 23 of 2012) [2014] TZHCLandD 14 (11 August 2014)
Appeal dismissed: village allocation and locus inspection established respondent's lawful occupation; no encroachment or tribunal irregularity.
Land law – allocation by village authorities – evidence of allocation and peaceful occupation as basis for ownership; locus in quo inspection. Boundary/encroachment disputes – burden to prove encroachment; uncontroverted village allocation evidence negates encroachment claim. Procedural law – Ward Tribunal composition – coram must be between four and eight members under section 11 of the Land Disputes Courts Act No. 2 of 2002.
 11 August 2014