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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
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

Citation

Judgment date

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