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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
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Judgment date
April 2015
Edwin Sambala vs National Microfinance Bank Ltd. and Another (Land Case 13 of 2010) [2015] TZHCLandD 2 (24 April 2015)
Proclamation of sale not defamatory where plaintiff validly guaranteed the loan and borrower defaulted.
Land/secured transactions – guarantor liability – validity of guarantor agreement – house as collateral for borrower's loan.* Civil law – defamation – truth and absence of malice as complete defence to defamatory publication of mortgage enforcement proceedings.* Remedies – auction/proclamation of sale as lawful exercise of creditor’s contractual rights where borrower defaults.
 24 April 2015
Hendry Joseph Lyimo vs Loland Mayemba (Land Case 2 of 2013) [2015] TZHCLandD 11 (16 April 2015)
Plaintiff proved ownership and defendant’s trespass; court awarded recalculated special damages, reducing the claimed amount.
Land law – ownership by sale agreement – trespass and unlawful harvesting of trees – proof of ownership and custody; quantification of special damages based on expected timber yield and market evidence.
 16 April 2015
Stelina Kakingo vs Patrick Ngwale (Misc. Land Case Appeal 11 of 2012) [2015] TZHCLandD 5 (16 April 2015)
Proceedings were quashed and retrial ordered because the deceased owner's estate was omitted; adverse possession raised too late.
Land law – adverse possession must be pleaded and proved and cannot be raised belatedly on appeal; Tribunal procedure – chairperson may depart from assessors' opinions but must give reasons (s.24 Land Disputes Courts Act); Civil procedure – administrators must be sued in representative capacity; Failure to join the deceased owner/estate renders proceedings a nullity and warrants retrial.
 16 April 2015