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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
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

Citation

Judgment date

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