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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. 

3 judgments
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3 judgments
Citation
Judgment date
December 2015
Kilala Omary Abdallah vs The Chief Commander Tanzania and Others (Land Case 1 of 2010) [2015] TZHCLandD 1 (14 December 2015)
Court declared plaintiff owner of disputed plot, ordered removal of military notice; damages claim failed for lack of proof.
Land law – ownership: proof by registered transfer and ground lease; CDA records and surveys establishing parcel outside military area; Evidence Act s.119 – burden where possession shown; administrative/military notice interfering with use; damages for loss of use/special damages must be pleaded and strictly proved.
 14 December 2015
George Kalistus Mtenda vs Oiko Credit U.A & Another (Misc. Land Case 31 of 2015) [2015] TZHCLandD 20 (8 December 2015)
Application withdrawn as overtaken by events after Deputy Registrar ordered release of the applicant's non-collateral properties; no costs.
Land law – execution of decree – Deputy Registrar’s interim/order directing release of non-collateral property and execution against collateral only – application rendered overtaken by events. Civil procedure – withdrawal of proceedings – consent of parties and effect on costs – no order as to costs where matter conceded and withdrawn.
 8 December 2015
Hamis Julius and 13 vs Azaramo Mohamedi (Land Appeal 3 of 2015) [2015] TZHCLandD 8 (8 December 2015)
Reported
Appeal allowed: subsequent suit was res judicata; tribunal lacked jurisdiction and appeal time excused due to unavailable certified proceedings.
Civil procedure – limitation – section 19(5) Law of Limitation Act – exclusion of time where certified proceedings not supplied.* Civil procedure – interlocutory rulings – when High Court may entertain appeal against interlocutory order (irregularity/injustice exception).* Res judicata – effect of dismissal under Order IX rule 8(1) CPC – plaintiff precluded from re-filing same cause of action without appealing or obtaining setting aside of dismissal.* Interpretation of section 9 CPC read with Order IX rule 8(1) CPC – dismissal operates to bar fresh suit.
 8 December 2015