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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. 

5 judgments
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5 judgments
Citation
Judgment date
December 2017
Tumaini Athumani Msuya vs Juma K. Kasala (Misc. Land Appeal 54 of 2017) [2017] TZHCLandD 3 (30 December 2017)
Four‑member Ward Tribunal was properly constituted; limitation inapplicable and adverse possession not established, appeal dismissed with costs.
Land tribunals – Coram and composition under s.11 Land Disputes Courts Act; mediation coram under s.14; Limitation – cause of action and Item 22 (12 years); Adverse possession – occupation by authorized caretaker not adverse; sale by caretaker conveys no good title.
 30 December 2017
Mohamed A. Maliwata vs Kulwa O. Namkola (Misc. Land Appeal 182 of 2016) [2017] TZHCLandD 4 (8 December 2017)
Appellate court quashed Ward and District Tribunal decisions for inadequate quorum and ordered retrial before a properly constituted tribunal.
Ward Tribunals – composition and quorum – statutory requirement of not less than four and not more than eight members and quorum being one half of members – chairperson selected from members, secretary not a member. Procedural irregularity – improper constitution of tribunal – fatal irregularity rendering proceedings null and void. Appeal/Revision – second appeal power to quash proceedings under section 43(1)(b) of the Land Disputes Courts Act and order rehearing de novo.
 8 December 2017
October 2017
Said Mussa Mtonya & Others vs Permanent Secretary of Lands, Housing & Human Settlement Developments & Others (Land Case 4 of 2017) [2017] TZHCLandD 1 (31 October 2017)
Land‑ownership claim held not time‑barred; statutory notice requirement satisfied; preliminary objections overruled.
Limitation law – land ownership claims – item 22, First Schedule, Law of Limitation Act – 12‑year period. Proceedings against the State/local authorities – notice of intention to sue – purpose and required contents; annexed demand letters sufficed. Preliminary objections – where alleged defects raise factual disputes or are curable by amendment, they should not dispose of the suit at preliminary stage.
 31 October 2017
June 2017
Tangamano Transport Services Company Ltd vs Halima Said Salim & Others (Land Case 9 of 2015) [2017] TZHCLandD 5 (21 June 2017)
A prior letter of offer and ongoing rent payments confer a right of occupancy that cannot be extinguished by re-survey without lawful revocation or compensation.
Land law – consolidation and identity of plots following re-survey; effect of re-survey on pre-existing rights of occupancy; validity of subsequent reallocation/registration without lawful revocation or acquisition; entitlement to possession and reliefs (eviction, alternative allocation); requirement of notice/compensation for acquisition.
 21 June 2017
May 2017
Registered Trustees of Sos Children's Villages Tanzania vs Igenge Charles & Others (Land Revision 11 of 2017) [2017] TZHCLandD 2 (4 May 2017)
Revision in High Court was struck out because the Tribunal's decision was appealable and the appropriate remedy is appeal.
Land Disputes Courts Act/Section 43 – High Court revisional and supervisory powers; limited where appeal lies Civil Procedure Code s.79 – revisional jurisdiction limited to jurisdictional error or material irregularity Appealability bars revision – appellate route is proper remedy Execution of High Court decrees by Tribunal – jurisdictional and procedural challenge to be raised on appeal Alleged suo motu determinations and failure to file counter‑affidavit are matters for appeal
 4 May 2017