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
October 2019
Prior Certificate of Title prevails; municipal grant invalid and compensation awarded instead of eviction.
Land law – priority of a prior Certificate of Title over subsequent allocations; Vesting/transfer statutes cannot vest land already lawfully owned; Invalidity of subsequent municipal grant where prior title subsists; Document alteration/weight of evidence; Equity — compensation in lieu of possession where defendant has long, uninterrupted occupation and substantial improvements.
30 October 2019
Temporary injunction refused where applicant failed to show a prima facie case or link the MOU to the mortgage sale.
Civil Procedure — Temporary injunction — three-part test (prima facie case, irreparable loss, balance of convenience) — failure to attach facility agreement or deed of mortgage — memorandum of understanding insufficient to establish nexus with mortgagee's power to sell — application dismissed.
7 October 2019