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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. 

2 judgments
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2 judgments
Citation
Judgment date
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