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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.

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1 judgment

Citation	Judgment date
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

Citation

Judgment date

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