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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. 

6 judgments
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6 judgments
Citation
Judgment date
June 2020
Adiliano Lalika vs Petro Mkoko (Misc. Land Application 82 of 2020) [2020] TZHCLandD 55 (8 June 2020)
Application for extension of time struck out for wrong statutory basis; court raised the defect suo motu and made no order as to costs.
Land law – extension of time to appeal – appeals from District Land and Housing Tribunal governed by section 38(1) Land Disputes Courts Act CAP.216; Limitation Act (CAP.89) excluded where another written law prescribes limitation (s.43 CAP.89); Wrong statutory citation renders application incompetent; Court may raise jurisdictional defect suo motu; Discretion on costs where point raised by court.
 8 June 2020
Mohamed Mussa vs Mustafa Rashid Ngayonga (Misc. Land Application 697 of 2019) [2020] TZHCLandD 58 (8 June 2020)
Court reviewed its dismissal after overlooking a granted extension of time and restored the appeal for hearing.
Civil procedure — Review under section 78(1)(a) and Order XLII r.1(a) CPC — Error on face of record — Overlooked grant of extension of time by appellate tribunal — Jurisdiction and restoration of appeal for merits hearing.
 8 June 2020
Robert Frank Yohana and Others vs Rosemary Lyimo and Others (Misc. Land Appeal 588 of 2019) [2020] TZHCLandD 57 (8 June 2020)
Application to set aside dismissal for repeated non-appearance dismissed for failure to show sufficient cause.
Civil procedure — Setting aside dismissal under Order IX r.9 CPC — sufficiency of cause for non-appearance. Advocacy — illness of advocate as excuse — duty of firm or parties to secure alternative representation. Court discretion — dismissal for prolonged inaction/negligence under Order IX r.8.
 8 June 2020
Yusuph Mwishehe vs Jumuiya Ya Kiislamu (Misc. Land Application 98 of 2020) [2020] TZHCLandD 56 (5 June 2020)
An unexplained eight-year delay in seeking extension of time to appeal warrants dismissal of the application.
Extension of time — inordinate and unexplained delay — insufficient cause for extension. Appeal procedure — section 38 CAP.216 — petition to District Land and Housing Tribunal within 60 days; no requirement to attach copies of judgment; District Tribunal to dispatch record within 14 days. Ignorance of law or negligence not a valid excuse for delay.
 5 June 2020
Shiloh Trading Company vs Iandm Bank (T) Ltd (Land Case 11 of 2018) [2020] TZHCLandD 4021 (4 June 2020)
Suit struck out for failing to disclose a cause of action and facts showing the court's jurisdiction.
Civil Procedure Code, Order VII r.1(e)&(f) – Pleadings must disclose facts constituting a cause of action and facts showing jurisdiction; contemplated or future action does not constitute a cause of action; defects in mandatory pleading requirements are fatal and incurable – suit struck out.
 4 June 2020
Ally Kilimbiti Chubi and Others vs Joel Mabula Shimba (Misc. Land Application 57 of 2020) [2020] TZHCLandD 54 (1 June 2020)
High Court lacks jurisdiction to grant extension for stay of execution once a valid notice of appeal is pending; application must be filed in the Court of Appeal.
Jurisdiction — Pending appeal — Valid notice of appeal bars High Court from entertaining applications for extension of time to seek stay of execution — Rule 10 Court of Appeal Rules 2009 — Precedent: East African Development Bank v Blueline Enterprises Ltd.
 1 June 2020