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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. 

4 judgments
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4 judgments
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Judgment date
September 2018
Registered Trustees of Chama Cha Mapinduzi vs Anasa Ramadhani Minja (Land Appeal 121 of 2016) [2018] TZHCLandD 558 (19 September 2018)
A late appeal beyond the 45-day statutory period must be dismissed; extension must be sought before filing.
Land law — Appeals — Time limit for appeals from District Land and Housing Tribunal — 45-day statutory period — Late appeal dismissed; extension of time must be sought before filing under the proviso to the statute.
 19 September 2018
Sued Hamis Chemchem & Another vs First National Bank T. Ltd (Land Case 94 of 2017) [2018] TZHCLandD 559 (19 September 2018)
Omission of the plaint’s required statement of value is a fatal defect; suit struck out with costs.
Civil procedure – Pleadings – Order VII Rule 1(a)(i) CPC – Requirement that plaint state value of subject matter for jurisdiction and court fees – Mandatory provision – Omission fatal – Suit struck out.
 19 September 2018
Godwin Notessy Mbwilo vs Festo Omary & Others (Misc. Land Appeal 392 of 2016) [2018] TZHCLandD 557 (14 September 2018)
Default judgment granted after substituted service, declaring plaintiff owner of 10-acre Msongola land with eviction and damages.
Land law; substituted service by publication; default judgment under Rule 14(1), Order VIII Civil Procedure Code; declaration of title; eviction; award of general damages.
 14 September 2018
Hamis Mwinshehe vs Kihonda Ward Executive Officer & Others (Misc. Land Appeal 56 of 2017) [2018] TZHCLandD 555 (5 September 2018)
A tribunal's finding of res judicata without hearing parties breached natural justice; proceedings and judgment set aside.
Land law — res judicata — trial tribunal raised and decided res judicata in judgment without hearing parties — breach of audi alteram partem — proceedings and judgment nullified — revisionary powers exercised.
 5 September 2018