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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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2 judgments
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January 2018
Merina Chiteji Kassembe vs Angel Basil Saprapasen & Another (Land Case 31 of 2015) [2018] TZHCLandD 2 (22 January 2018)
Forgery of the plaintiff's signature rendered the purported sale void; plaintiff restored as owner with damages and costs.
Land law – alleged sale of registered land – disputed signatures – forensic handwriting evidence admissible and probative; consensus ad idem required under Law of Contract Act s.10; sale void ab initio for lack of consent; sale to third party nullified; award of general damages and costs.
 22 January 2018
M & M Food Processors Ltd vs CRDB Bank Ltd & Others (Land Case 362 of 2013) [2018] TZHCLandD 1 (22 January 2018)
Applicant’s challenge to mortgage sale failed: notice, auction procedure and purchase were lawful; suit dismissed with costs.
Land law – mortgagee’s power of sale – notice under s.127 Land Act and effect of negotiations/part payments. Duty to obtain best price – s.133 Land Act – need for contemporary valuation to prove sale below market. Public auction procedure – advertisement and competitive bidding requirements. Burden of proof for allegations of collusion and for special damages. Claims on movables after sale – requirement to promptly assert and prove unlawful seizure.
 22 January 2018