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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
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