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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. 

3 judgments
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November 2019
Attorney General vs Ally Athuman Kondo & Others (Land Revision 22 of 2019) [2019] TZHCLandD 278 (29 November 2019)
Revision was premature; where objectional proceedings were concluded under Order XXI, the aggrieved party must sue.
Civil Procedure – Revision jurisdiction – Objectional proceedings concluded under Order XXI rules 59–63 CPC; where order passed after investigation, revision inappropriate and remedy is a fresh suit; attachment of accounts of public corporations v. Government property (s.16(3) Government Proceedings Act).
 29 November 2019
Ester Panduka vs Zaina Mlawa (Misc. Land Appeal 128 of 2018) [2019] TZHCLandD 280 (6 November 2019)
Appellate court properly reassessed facts; applicant failed to prove title and cannot derive title from a non-owner.
Civil procedure – appellate review – first appellate court entitled to reassess and re-evaluate trial evidence. Evidence – burden of proof – plaintiff/applicant must prove ownership on balance of probabilities. Property law – nemo dat quod non habet (one without title cannot pass good title). Evidence – contradictions in testimony (price/size) do not necessarily vitiate a valid sale. Land transactions – absence of original vendor not fatal where direct vendor proves sale.
 6 November 2019
Salmin Mbaraka Salim t/a East African Investment vs Permanent Secretary Ministry of Works (Land Case 1 of 2015) [2019] TZHCLandD 377 (1 November 2019)
Suit struck out for lack of standing where plaintiff failed to prove title or development agreement.
Land — Road reserve use — Public Road Act 2007 — Road authority’s discretion to permit temporary use — Permits temporary and enforceable only by persons with legally recognizable interest — Proof of title/development agreement required for standing — Documentary admissibility: secondary evidence and expungement of unpleaded exhibits.
 1 November 2019