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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. 

54 judgments
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54 judgments
Citation
Judgment date
May 2018
Ramadhani Changuluma vs Anania J. Mbena (Misc. Land Appeal 30 of 2016) [2018] TZHCLandD 134 (4 May 2018)
An appeal filed after the 60-day statutory limit without leave is time-barred and dismissed with costs.
Land law – Appeals – Time limits – Section 38(1) Land Disputes Courts Act requires appeals to High Court within 60 days; failure to apply for extension renders appeal time-barred; Order XXXIX R.1 CPC (attachment of decree) does not cure late filing.
 4 May 2018
Zuhura Bakari Mtonoya vs Rashid Mohamed Saidi (Misc. Land Application 663 of 2017) [2018] TZHCLandD 128 (4 May 2018)
Application for extension of time struck out for being instituted in the wrong High Court district registry.
Land procedure – competence – application filed in wrong High Court district registry – incompetence and striking out; Written Laws (Misc. Amendments) Act 2010 and High Court district registries’ powers; preliminary objection disposing of matter without addressing merits
 4 May 2018
Angel Timoth Kingu & Another vs Bruno John Ngooh & Others (Land Case 84 of 2015) [2018] TZHCLandD 118 (3 May 2018)
Defendants' late application to amend defence to add a counterclaim refused for delay and change of suit character.
Civil procedure – Amendment of pleadings – Order VI Rule 17 CPC – Application to introduce counterclaim after two years – Requirement of promptness – Amendment must be necessary to determine real questions in controversy – Amendment should not change character of suit or introduce distinct causes of action.
 3 May 2018
Esta Mawinda vs Khadija Munda (Misc. Land Case Appeal 370 of 2017) [2018] TZHCLandD 105 (2 May 2018)
An extension application was struck out because its supporting affidavit failed to name the individual who drew it.
Civil procedure – preliminary objections – extension of time – misnomer in title is curable and does not render application time-barred. Civil procedure – court properly moved – correct citation of provisions in chamber summons cures misdescription in title. Evidentiary/formal requirements – affidavits – drawer must be a named natural person; affidavits attributed only to an organisation are defective
Remedy – defective supporting affidavit may lead to striking out the application with costs
 2 May 2018