Skip to document content Skip to main menu Skip to search

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. 

8 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
November 2016
Karimu Shaibu vs Mussa Halfani Bahatisha (Misc. Land Case Appeal 17 of 2015) [2016] TZHCLandD 7 (30 November 2016)
Appellant lacked locus standi; Ward Tribunal lacked jurisdiction; 10% damages levy by Tribunal unlawful; proceedings nullified.
Land law — Locus standi — Actions on behalf of deceased estates must be commenced by the estate administrator; Ward Tribunal jurisdiction — pecuniary limit TSh 3,000,000; Illegality of Tribunals charging a percentage of assessed damages; Nullification of proceedings for lack of jurisdiction and locus standi.
 30 November 2016
October 2016
Ibrahim Ally Mpole vs Capital Development Authority (Misc. Land Aplication 33 of 2014) [2016] TZHCLandD 6 (4 October 2016)
Temporary injunction against land reallocation granted pending suit; prima facie title and balance of convenience favoured the applicant.
Civil procedure – Interim injunction – Requirements: prima facie case, irreparable injury, balance of convenience – Application to land allocation and renewal of Certificate of Occupancy. Land law – Renewal of right of occupancy – Effect of alleged reversion by effluxion of time. Remedies – Adequacy of damages versus need for interlocutory relief to preserve the status quo.
 4 October 2016
September 2016
Hamisi Matembe vs Juma Shabani (Misc. Land Case Appeal 75 of 2015) [2016] TZHCLandD 8 (6 September 2016)
Failure to record ward tribunal members renders proceedings a nullity, warranting quashing and retrial.
Ward Tribunal — recording of members — requirement to show members present at each sitting — quorum under section 4(3) Ward Tribunal Act. Proceedings constituting nullity where composition/quorum cannot be ascertained. Revisional jurisdiction — section 43(1)(b) Land Disputes Courts Act — power to quash and set aside. Effect on District Land and Housing Tribunal decisions founded on void Ward Tribunal proceedings — quashing and retrial ordered.
 6 September 2016
August 2016
Angelika Mofuga vs Pascal Kawaganise (Misc. Land Case Appeal 8 of 2015) [2016] TZHCLandD 5 (30 August 2016)
Proceedings before a Ward Tribunal that lack the statutory minimum coram are a nullity and require retrial before a properly constituted tribunal.
Land law – Ward Tribunal composition – Section 11, Land Disputes Courts Act (Cap 216) – minimum coram of four members – conspicuous recording of coram – deficiency renders proceedings a nullity – appellate decision arising from null proceedings likewise null – matter remitted for de novo trial.
 30 August 2016
June 2016
Godfrey Malassy & Another vs Prosper Rweyendera (Misc. Land Application 433 of 2016) [2016] TZHCLandD 2 (27 June 2016)
High Court lacks jurisdiction to stay execution after notice of appeal; application struck out as incompetent and moot.
Civil procedure – Execution – Jurisdiction of High Court to stay execution after notice of appeal – High Court lacks jurisdiction once appeal to Court of Appeal initiated; stay belongs to appellate court. Order XXI r.21(2) – Objections to execution vs stay of execution – r.21(2) empowers adjudication of objections to executability, not grants of stay. Execution completed – overtaken by events/mootness. Executing officer’s discretion – Deputy Registrar may execute absent appellate stay.
 27 June 2016
March 2016
Dismas Soko (Legal Representive of Serapion Petro Soko) vs Coroduiki Ndauka (Land Case Appeal 55 of 2015) [2016] TZHCLandD 3 (18 March 2016)
Whether the trial tribunal mis-evaluated evidence and wrongly denied the appellant ownership of two acres.
Land law – village council land allocation – dispute over extent of allocation (acres v hectares) – credibility of witnesses present at allocation. Evidence – burden of proof and balance of probabilities (ss.110–111 Evidence Act) – evaluation and reconciliation of contradictory testimony. Civil procedure – appellate review where trial tribunal mis-evaluated evidence.
 18 March 2016
February 2016
Edward Tolle & Others vs Export Processing Zones Authority (Misc. Land Aplication 31 of 2015) [2016] TZHCLandD 4 (23 February 2016)
Improper citation of Order XXXVII r.1(a)/(b) rendered the injunction application incompetent and led to its being struck out.
Civil procedure – Temporary injunction – Order XXXVII r.1(a)/(b) – incorrect/non‑citation of sub‑rule is fatal to competence – section 95 (inherent powers) cannot cure defective citation – application struck out.
 23 February 2016
TANESCO vs Donatus Chawe Sanga & Others (Consolidated Revision 78 of 2008) [2016] TZHCLandD 1 (11 February 2016)
Court found valid operational retrenchment but procedural failures; awarded limited compensation (3–4 months) instead of reinstatement.
Labour law – retrenchment – voluntariness versus operational/structural redundancy; mandatory consultation (Security of Employment Act s.6(1)(g)); prior Labour Officer approval for terminating workplace union committee members (s.8(b)); remedy for procedural unfairness — reinstatement versus compensation; assessment and reduction of excessive compensation.
 11 February 2016