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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. 

53 judgments
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53 judgments
May 2020
Alhaj Ally Utoto vs Peter Kisoka and 2 Others (Land Appeal 29 of 2019) [2020] TZHCLandD 2198 (4 May 2020)
An appeal against dismissal for non‑appearance is premature; the proper remedy is reinstatement before the original tribunal.
Civil procedure — Dismissal for non-appearance — Appealability — Proper remedy is restoration/reinstatement before the same tribunal (Wanguku v Kania); tribunal’s jurisdiction to reinstate; procedure on preliminary objections; execution irregularities and proper remedy.
 4 May 2020
Alhaj Ally Utoto vs Peter Kisoka and Others (Land Appeal 29 of 2019) [2020] TZHCLandD 121 (4 May 2020)
Appeal against dismissal for non-appearance was premature; restoration must be sought from the same tribunal.
Civil procedure — dismissal for non-appearance — appeal premature; proper remedy is restoration before the same tribunal; Land Disputes Courts Regulations (Reg 11(1)(b), 13(2)); competence to reinstate applications.
 4 May 2020
Salma Zava vs Hamidu Ramadhani (Misc. Land Appeal 71 of 2018) [2020] TZHCLandD 127 (4 May 2020)
Second appeal dismissed: late documentary evidence not admitted; concurrent factual findings upheld; respondent proved ownership.
Land law — ownership dispute — admissibility of fresh evidence on appeal — conditions for reception of additional evidence; concurrent findings of fact by lower tribunals — binding on second appeal; documentary evidence versus oral testimony — s.100(1) Evidence Act; late attachments not considered.
 4 May 2020