High Court Land Division - 2015 March

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7 judgments

Citation	Judgment date
March 2015
Ibrahim Mloge vs Veronica Kiulamagulu (Misc. Land Case Appeal 14 of 2013) [2015] TZHCLandD 14 (27 March 2015) Appellate court upheld concurrent findings that earlier lawful sale conferred title; assessor non-participation was not fatal. Land law – title disputes: prior lawful sale confers superior title; subsequent sale by owner’s daughter ineffective; Assessors in Ward and District Land Tribunals – presence and silence not fatal where record shows attendance; Appellate deference – concurrent findings of fact should not be disturbed absent misdirection or miscarriage of justice; Proof of sale document – absence not fatal where oral and documentary evidence (including locus visit) establish ownership.	27 March 2015
Max Gregory vs Simon Ruda (Misc. Land Cause 66 of 2013) [2015] TZHCLandD 16 (25 March 2015) Late supply of tribunal copies does not automatically justify extension for a second appeal; documentary proof required. Land disputes — Extension of time — Section 38(1)-(3) Land Disputes Courts Act — Second appeal instituted by petition filed in DLHT — DLHT duty to dispatch petition and record within 14 days — Late supply of judgment/ruling by DLHT not good cause unless substantiated by documentary evidence.	25 March 2015
Christina Mbedule vs Atilio Nzogoro & Others (Misc. Land Case Appeal 16 of 2012) [2015] TZHCLandD 6 (12 March 2015) Failure to show prompt steps to obtain certified copies and unreliable medical evidence do not justify extension of time to appeal. Land procedure – Extension of time to appeal – Requirement for applicant to show prompt, essential steps (written request) to obtain certified copies of proceedings – Illness as cause – medical evidence to be credible – Overwhelming chances of success alone insufficient to grant extension.	12 March 2015
Ikupa Nalupasa vs Elly Kasisi (Misc. Land Appeal No. 36 of 2008) [2015] TZHCLandD 9 (12 March 2015) Appellate tribunal's orders to clear public open space and realign walls upheld due to proven encroachment. Land dispute – boundary/encroachment – open space (uchochoro) – locus in quo inspection – orders to remove walls and realign boundaries – public health/duty to control offensive effluent.	12 March 2015
Mzebero Mapepe vs Fanyeje Andrea & Others (Misc. Land Aplication 30 of 2012) [2015] TZHCLandD 3 (12 March 2015) Extension of time to appeal refused for excessive unexplained delay and lack of sworn evidence showing good cause. Civil procedure – Extension of time – Good cause required – Alleged inadvertent dismissal and delay awaiting estate administration must be substantiated by affidavit evidence. Limitation – Applications for extension are not per se time‑barred but cannot be open‑ended; excessive unexplained delay justifies refusal. Evidentiary requirement – Counsel’s oral statements insufficient to prove good cause.	12 March 2015
Mic Tanzania Limited vs Agustino Sanga (Land Case Appeal 4 of 2013) [2015] TZHCLandD 9 (6 March 2015) An application to set aside an ex parte judgment must explain non‑appearance; re‑arguing merits is not a proper basis to overturn refusal. Land law – setting aside ex parte judgment – applicant must explain absence and give sufficient reasons – appeal against refusal must show tribunal erred in assessing reasons, not re‑argue merits.	6 March 2015
Salim Twalibu Makonyora vs Rashid Twalib Makonyola & Others (Land Case Appeal 28 of 2013) [2015] TZHCLandD 10 (5 March 2015) Days awaiting certified copies are excluded from limitation; appeal held timely and preliminary objection dismissed. Limitation of actions — computation of time — exclusion of days awaiting certified copies under s.19(3) Law of Limitation Act; Appeals — time for first appeal — 45 days under s.38 Cap 216 R.E.2002; Preliminary objection — time-bar defence dismissed where appeal filed within adjusted limitation period.	5 March 2015