Skip to document content Skip to main menu Skip to search

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.

1 judgment

Advanced search

All years

All months

Filters

Sort by:

1 judgment

Citation	Judgment date
August 2019
JOHN MANDOKA GUDABA versus ALOYCE LUCAS DARAJA (As a Legal representative of LUCAS DARAJA FUNDI)& 4 OTHERS (Land Case No. 117 of 2023) [2019] TZHCLandD 379 (31 August 2019) Preliminary objections overruled: plaintiff has locus standi and mortgagee/State are necessary parties; suit proceeds to trial. Civil procedure — Preliminary objections — Whether questions of fact and evidential inquiry (cause of action) are suitable for preliminary disposal — Mukisa principle; Locus standi — Purchaser's equitable/factual interest sufficient to confer standing even where legal title is in another; Necessary parties — Mortgagee's withholding right may make bank and State necessary to effective decree.	31 August 2019

Citation

Judgment date

August 2019

JOHN MANDOKA GUDABA versus ALOYCE LUCAS DARAJA (As a Legal representative of LUCAS DARAJA FUNDI)& 4 OTHERS (Land Case No. 117 of 2023) [2019] TZHCLandD 379 (31 August 2019)

Preliminary objections overruled: plaintiff has locus standi and mortgagee/State are necessary parties; suit proceeds to trial.

Civil procedure — Preliminary objections — Whether questions of fact and evidential inquiry (cause of action) are suitable for preliminary disposal — Mukisa principle; Locus standi — Purchaser's equitable/factual interest sufficient to confer standing even where legal title is in another; Necessary parties — Mortgagee's withholding right may make bank and State necessary to effective decree.

31 August 2019