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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
July 2015
Samwel Ngocho vs Barrick North Mara Gold Mine Ltd (Land Case No. 95 of 2009) [2015] TZHCLandD 22 (8 July 2015)
Customary occupancy survives absent compulsory acquisition; mining company liable to compensate for destroyed crops and general loss.
Land law – customary occupancy v. granted right of occupancy – compulsory acquisition prerequisite; Mining law – registered mineral holder's liability to compensate for disturbance (s.96(3) Mining Act); Evidence – assessment of destroyed crops by agricultural officer admissible; quantum adjusted by court valuation; Damages – specific damages awarded Tshs.8,079,182; general damages Tshs.50,000,000; punitive damages refused; No proof of compulsory acquisition, illegal dumping or ministerial waiver.
 8 July 2015
Zena Salehe Mahsen vs Consolata Mapunda & Others (Land Case 114 of 2004) [2015] TZHCLandD 17 (6 July 2015)
Plaintiff's allegedly acquired title was invalid due to premature/irregular registration and revocation; eviction denied.
Land law – validity of sale by vendor without title; double allocation; issuance and registration of certificate of occupancy; statutory requirements under Sections 29 and 30 of the Land Act; revocation procedure and notice requirements; tracing title and effect of premature/irregular registration; de facto possession and entitlement to eviction.
 6 July 2015
Athumani Sadala vs Athumani Mfilima (Misc. Land Case Application 34 of 2013) [2015] TZHCLandD 15 (3 July 2015)
Court granted temporary injunction to preserve disputed land pending leave to appeal out of time, finding risk of tampering or sale.
Civil procedure – temporary injunction – interim relief pending application for leave to appeal out of time and intended appeal – considerations: preservation of status quo, risk of irreparable harm, balance of convenience. Land law – possession and use of disputed land as ground for injunctive relief. Professional conduct – Commissioner for Oaths attesting affidavit and later representing party; counsel’s withdrawal for conflict.
 3 July 2015