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.

13 judgments

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13 judgments

Citation	Judgment date
February 2020
Mbaraka Paulo vs Mgaya Paulo and Others (Land Appeal 44 of 2018) [2020] TZHCLandD 45 (27 February 2020) Respondent's earlier village allocation prevails; appellant failed to rebut, so appeal dismissed with costs. Land law – dispute over village allocations – double allocation – priority to first allocation (quod prius est tempore potius est jure) – requirement of cogent evidence to rebut earlier allocation; appellate review of Tribunal's factual findings.	27 February 2020
Swedi Mohamed vs Jackson Range (Misc. Land Application 96 of 2018) [2020] TZHCLandD 53 (27 February 2020) Citing a statute without specifying the applicable subsection rendered an extension application incompetent and it was struck out. Appellate Jurisdiction Act s.11 – extension of time – requirement to specify the exact subsection relied upon; incompetence of application for failure to cite subsection; preliminary objection – striking out; costs.	27 February 2020
Jamal Abdallah Saidi vs Rungungu Village (Land Appeal 9 of 2017) [2020] TZHCLandD 44 (26 February 2020) Appellant's unproven oral claim and untendered documents insufficient to displace tribunal finding of village/government ownership. Land law – ownership proof; admissibility of documents – untendered letters; locus in quo inspections; village acquisition of land; appellate interference with tribunal findings.	26 February 2020
P.T Kasikana vs The Registered Trustees of the Archdioces of Dar es Salaam (Land Appeal 95 of 2019) [2020] TZHCLandD 46 (26 February 2020) Appellant failed to rebut respondent's registered title; adverse possession and damages claims were unproven; appeal dismissed. Land law – ownership – registered title vs adverse possession – significance of certificate of title (Exh D1). Evidence – burden to rebut registered title and requirements to prove adverse possession. Damages – requirement to plead and prove special damages for destroyed crops; general damages not established. Limitation – objection raised at appellate stage considered but found without merit in context. Civil procedure – appellate review of tribunal's evaluation of evidence and factual findings.	26 February 2020
Frank Mazoba vs Moses Ngasakwa (Misc. Land Appeal 64 of 2016) [2020] TZHCLandD 49 (24 February 2020) Appellant failed to prove land value exceeded Ward Tribunal’s TShs.3,000,000 jurisdiction; appeal dismissed with costs. Land jurisdiction – Ward Tribunal pecuniary jurisdiction (TShs. 3,000,000) – party alleging higher value must adduce valuation evidence; failure to produce valuation report justifies dismissal of challenge to jurisdiction.	24 February 2020
Hadija Abdallah vs Miraji Abdallah (Land Appeal 101 of 2018) [2020] TZHCLandD 47 (24 February 2020) Failure to cross‑examine on material points and contradictions in allocation evidence defeat respondent's claim to land ownership. Land law – ownership dispute – credibility of witnesses and effect of failure to cross‑examine on material points. Evidence – contradictions in testimony concerning government allocation and acreage undermine ownership claims. Civil procedure – appellate review – misdirection by first appellate tribunal in assessing evidence.	24 February 2020
Yustina Lemi vs Leah John and Others (Misc. Land Application 38 of 2018) [2020] TZHCLandD 52 (24 February 2020) Failure to prove alleged illness and account for delay prevents grant of extension of time to seek leave to appeal. Extension of time – discretionary remedy – applicant must place convincing material to justify extension; medical evidence – must be attributable and authenticate claimed sickness; failure to account for delay – fatal to application.	24 February 2020
Charles Shija vs Stumai Mwinyi and Another (Misc. Land Case Application 308 of 2019) [2020] TZHCLandD 43 (21 February 2020) Application to restore an appeal dismissed for want of prosecution rejected for failure to show sufficient cause and undue delay. Civil procedure – restoration of proceedings – re‑admission after dismissal for want of prosecution – requirement to show sufficient cause under Appellate Jurisdiction Act (sub‑rule 3). Civil procedure – delay and abuse of process – prolonged pendency and unexplained non‑appearance as grounds to refuse restoration.	21 February 2020
Philibert Krisantus Mpepo vs National Microfinance Bank Plc and Another (Land Case 297 of 2017) [2020] TZHCLandD 165 (21 February 2020)	21 February 2020
Martin Mgando vs Michael F. Mayanga (Land Appeal 93 of 2019) [2020] TZHCLandD 41 (18 February 2020) Failure to visit locus in quo when boundaries are contested and omission to record assessors' opinions vitiate tribunal proceedings. Land law – locus in quo – necessity of site visit where boundaries/extent of unsurveyed land are disputed and evidence conflicts. Civil procedure – District Land and Housing Tribunal – mandatory role and recorded opinions of assessors (Section 23, Land Disputes Courts Act; Regulation 19(2)). Procedural irregularity – failure to comply with statutory requirements renders proceedings and judgment a nullity – retrial ordered.	18 February 2020
Emmanuel Eliazry vs Ezironk K. Nyabakari (Land Appeal 56 of 2018) [2020] TZHCLandD 50 (14 February 2020) Leave to refile does not extend the limitation period; a struck-out appeal’s time runs from the original judgment date. Civil Procedure – Limitation – Effect of "leave to refile" under Order XXIII Rule 2 – does not extend time for instituting a fresh suit or appeal Civil Procedure – Striking out – parties revert to pre-filing position; limitation runs from original judgment date Remedies – filing a fresh appeal after strike-out requires being within time or obtaining extension of time	14 February 2020
Jovent Clavery Rushaka and Another vs Bibiana Chacha (Land Case 303 of 2016) [2020] TZHCLandD 48 (12 February 2020) Prior purchaser’s valid sale prevails; later overlapping transfer is null and trespass claim fails. Land law – competing sales from same vendor – priority of purchase and proof on balance of probabilities – effect of prior valid sale on subsequent transfers – trespass claim fails where prior purchaser holds title.	12 February 2020
Maimuna Abdallah Mpanda vs Tanzania Postal Bank Ltd and Another (Misc. Land Application 22 of 2018) [2020] TZHCLandD 51 (12 February 2020) Extension of time to appeal granted after excluding time taken to obtain certified copy of tribunal ruling. Land law – Extension of time to appeal – Section 41(2) Land Disputes Courts Act; Limitation Act s19(1) – exclusion of period to obtain certified copies of judgments/rulings in computing time; computation of time; want of prosecution.	12 February 2020