High Court Land Division - 2020 July

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6 judgments

Citation	Judgment date
July 2020
Gloria Paul Kessy vs Andrew Obunde & 2 Others (Land Appeal 269 of 2020) [2020] TZHCLandD 4024 (30 July 2020) Failure to record and read assessors' written opinions renders the tribunal's judgment null, requiring quashing and remittal. Procedure – Assessors – Requirement that assessors give written opinions and that such opinions are reflected and read in proceedings – Failure to record/read assessors’ opinions renders tribunal judgment unsafe. Civil procedure – Revisionary jurisdiction – Court’s power under section 43(1)(b) to quash and remit where fundamental irregularity exists Evidence – Admission of documents and weighing of evidence left unaddressed where procedural nullity vitiates judgment	30 July 2020
National Bank of Commerce vs Juma Motors Transport Ltd and 3 Others (Misc. Land Application 612 of 2019) [2020] TZHCLandD 2254 (23 July 2020) Failure to strike out defence to a counterclaim and order ex parte hearing after plaintiff’s mediation default was corrected on review. Civil procedure – Mediation – Order VIII r.29 CPC – consequences of plaintiff's non-appearance at mediation – dismissal of suit; striking out defence to counterclaim; counterclaim proceeding ex parte.* Review – error apparent on the face of the record – correction of omission in trial court's ruling.	23 July 2020
Zamda Ramadhan Mohamed vs Jackchen Rolland Kweka and 2 Others (Misc. Land Application 61 of 2020) [2020] TZHCLandD 2256 (23 July 2020) Application for extension of time to appeal DLHT original-jurisdiction decision was incompetent for citing the wrong statute and was struck out. Civil procedure – extension of time – appeal from District Land and Housing Tribunal exercising original jurisdiction – incorrect statutory citation renders application incompetent. Relevant law – proviso to section 41(2) Land Disputes Courts Act (CAP.216) governs extension of time for filing appeals; Law of Limitation Act (CAP.89) not applicable in this context Procedure – court may raise competence suo motu and strike out incompetent proceedings	23 July 2020
Hamis Mohamed Zowange vs Bank of Africa (Tanzania ) Limited and Another (Misc. Land Application 108 of 2020) [2020] TZHCLandD 2257 (20 July 2020) Request to halt mortgage execution for valuation/income inquiry dismissed; creditor may proceed to auction; surplus returned to applicant. Civil procedure – Execution of mortgage security – Court will not stay execution or order alternative possession/receivership where debtor merely disputes value; surplus from sale returns to debtor. Mortgage law – Rights of secured creditor to sell mortgaged property on default and recover decretal sum; debtor may privately sell and discharge debt	20 July 2020
Salum Mohamed Salum vs Kione Bakari Salum (Misc. Land Application 531 of 2019) [2020] TZHCLandD 2258 (15 July 2020) Court granted leave to appeal under section 47(2) after respondent failed to oppose the application. Leave to appeal – section 47(2) Land Disputes Courts Act – requirement to obtain leave from High Court before appealing appellate decisions – determination despite respondent's non‑compliance with written submissions order – leave granted; costs follow event.	15 July 2020
Abdallah S. Dumbalume vs Elizabeth G. Fute (Land Revision 58 of 2020) [2020] TZHCLandD 4011 (14 July 2020) The applicant's revision filed as an alternative to an appeal was an abuse of process and dismissed with costs. Civil procedure – Revision vs appeal – Revision cannot substitute for an appeal; limited to correcting errors apparent on record Civil procedure – Abuse of process – instituting revision as alternative to a time-barred appeal renders application incompetent Evidence/procedure – Affidavit formalities – unsigned/undated counter-affidavits are incurably defective and struck out	14 July 2020