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. 

14 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
14 judgments
Citation
Judgment date
January 2024
Kiangwa Trading Company 31& Another vs Muzina Alawi Idarus (MISC. LAND APPLICATION NO. 640 OF 2023) [2024] TZHCLandD 184 (31 January 2024)
An application for revision filed before exercising an available right of appeal is incompetent and is struck out; each party bears its own costs.
Civil procedure – Revision v. Appeal – Revision is not an alternative to appeal; prerequisites to invoke revisional powers. Civil procedure – Incompetent applications – Defective applications seeking revision while appeal available are liable to be struck out. Civil procedure – Costs – Court’s discretion to order each party to bear own costs where matter is struck out early and defect conceded.
 31 January 2024
Kiangwa Trading Company & Another vs Muzina Alawi Idarus (Misc. Land Application No. 640 of 2023) [2024] TZHCLandD 240 (31 January 2024)
An application for revision filed instead of pursuing an available appeal is incompetent and was struck out; each party bears its own costs.
Civil procedure – Revision v. Appeal – Revision is not an alternative to appeal; prerequisites for invoking revisional jurisdiction. Competency of pleadings – Defective/incompetent application; remedy is striking out. Costs – discretionary award; each party to bear own costs where defect conceded and matter not fully heard.
 31 January 2024
LUCAS MATHIAS versus MATHIAS PAUL CHINDUNGANI (Land Appeal No.406 of 2023) [2024] TZHCLandD 328 (31 January 2024)
Appellant’s late-raised limitation and adverse‑possession challenges fail; trial tribunal’s partial award is upheld.
Land law — Limitation of actions — Time bar under Limitation Act (12 years) — Adverse possession — Possession with consent vs without consent — Failure to raise limitation as preliminary objection at trial — Evaluation of evidence by trial tribunal.
 31 January 2024
Polycarp Razaro Mahukutu vs Rashid Kavikuta & Another (Land Case No. 382 of 2023) [2024] TZHCLandD 15 (29 January 2024)
Suit struck out as res judicata: prior proceedings involved the same parties, land and cause of action.
Civil procedure — Res judicata — Application of section 9 Civil Procedure Code — identity of parties, subject matter and cause of action. Effect of a subsequently issued residential licence on prior land disputes — licence does not defeat res judicata. Execution of prior decree and its relevance to subsequent trespass claims. Authorities considered: precedents on res judicata and bar to relitigation.
 29 January 2024
M/S Regimanuel Gray (T) Limited v Mrs.Mwajabu Mrisho Kitundu & 99 Others (Misc. Land Application No.624 of 2023) [2024] TZHCLandD 37 (25 January 2024)
Counsel's proved illness constituted sufficient cause to set aside dismissal and restore the application.
Civil procedure – setting aside dismissal for want of prosecution – Requirement to show sufficient cause under Order XLIII Rule 6(1). Evidence – counsel's sickness (medical report) as sufficient cause for non-appearance. Procedural fairness – preliminary objections must be given prior notice; surprise objections not entertained. Restoration of proceedings – exercise of discretionary power to restore dismissed application.
 25 January 2024
Diana Jassony Rwezaura vs Kashebo General Traders Company Limited & 6 Others (Misc. Land Civil Application No.27239 of 2023) [2024] TZHCLandD 4 (24 January 2024)
High Court held not exclusively competent to grant interim relief where District Land Tribunal has jurisdiction; application struck out with costs.
Civil procedure – jurisdiction – interim injunctions (maintenance of status quo/Mareva-type relief) – High Court inherent jurisdiction not exclusive. Land law – competence of District Land and Housing Tribunal to grant temporary/interim orders in land disputes. Mediation requirement – mandatory pre‑trial mediation does not bar seeking interim relief before the District Tribunal.
 24 January 2024
Doreen Alphonce Mchawa vs Attorney General & 6 Others (Miscellaneous Application No.448 of 2023) [2024] TZHCLandD 7 (10 January 2024)
Interim injunction granted to restrain auction of disputed residential property pending determination of ownership and mortgage dispute.
Land — Interim injunction — Tests in Atilio v Mbowe: prima facie case, irreparable injury, balance of convenience — Competing claims to title and alleged fraudulent registration/mortgage — Injunction to restrain auction pending trial.
 10 January 2024
Doreen Alphonce Mchawa vs The Attorney General & 6 Others (Miscellaneous Land Application No.448 of 2023) [2024] TZHCLandD 593 (10 January 2024)
10 January 2024
Sobai Asanja Limited vs I & M Bank (T) Limited & 2 Others (Land Case No.242 of 2023) [2024] TZHCLandD 5 (10 January 2024)
Plaintiff's land and contract claims were not time-barred; pleaded cause of action and right to challenge receiver justified overruling preliminary objections.
Limitation — distinction between recovery of land (12 years) and contract claims (6 years); accrual of cause of action; cause of action — pleading against non-contracting parties; locus standi — mortgagor's right to challenge receiver appointment; preliminary objections — not proper where facts require evidence.
 10 January 2024
Victor Leonard Mulokozi v Bunju Beach Saccos & Another (Land Case No. 73 of 2023) [2024] TZHCLandD 582 (10 January 2024)
10 January 2024
Victor Leonard Mulokozi vs Bunju Beach SACCOS & 2 Others (Land Case No.73 of 2024) [2024] TZHCLandD 6 (10 January 2024)
Property was pledged through the plaintiff's spouse for a third‑party loan, but the intended auction was illegal for failure to give mandatory notices.
Land law – mortgage of matrimonial home – whether property was pledged through spouse to secure third-party loan – evidential and pleading effect. Auction procedure – mandatory notices (60‑day default notice and 14‑day public/auction notice) – non‑compliance renders intended sale illegal. Evidence – burden of proof, parties bound by pleadings; doctrine of novation relevant to substitution of debtor obligations.
 10 January 2024
Demas Mutani Nyabukika vs Elizabeth Simon Mwakapangala (As Administratix of the late Said Shomari) & 3 Others (MISC.LAND APPLICATION NO. 639 OF 2023) [2024] TZHCLandD 3 (8 January 2024)
Applicant failed to show good cause for extension of time; delay inordinate and alleged illegality not apparent.
Land law – Extension of time to appeal under section 41(2) Land Disputes Courts Act – "good cause" requirement and Lyamuya guidelines. Medical incapacity – Sickness must be shown to have prevented timely action after judgment to justify extension. Illegality – Only illegality apparent on the face of the record constitutes good cause; decisional errors requiring full record review do not. Poverty – Lack of funds to engage counsel is not by itself "good cause" where applicant could act in person or seek legal aid. Delay and diligence – Inordinate unexplained delay (~three years) and lack of diligence justify refusal of extension.
 8 January 2024
Haroon Hussein Haroon & 9 Others vs Cosmos Properties Limited & 2 Others (MISC.LAND CASE APPLICATION NO. 27352 OF 2023) [2024] TZHCLandD 2 (8 January 2024)
An expired temporary injunction cannot be extended; extension applications must be filed before expiry.
Civil Procedure – Temporary injunction – Order XXXVII Rule 3 CPC – extension of injunction – whether an expired injunction can be extended; Jurisdiction – competence of extension application filed after injunction expiry; Timing – extension application must be filed while injunction remains in force.
 8 January 2024
Joelin John Kataraia vs Gulam Dewji & Another (MISC.LAND CASE APPLICATION NO. 259339 OF 2023) [2024] TZHCLandD 1 (5 January 2024)
Failure to prove irreparable harm defeats an interim injunction despite a prima-facie case.
Injunctive relief – Order XXXVII r.1(a) & s.95 CPC – interim injunction requires triable issue, irreparable harm, and balance of convenience; prima-facie case suffices at interlocutory stage; failure to prove irreparable loss defeats injunction; documentary title transfer may negate claimed ‘intended sale’.
 5 January 2024