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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. 

16 judgments
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16 judgments
Citation
Judgment date
February 2026
Siara Stephen Mosha vs Azania Bank Limited and Others (Misc. Land Application No. 23931 of 2025) [2026] TZHCLandD 16 (12 February 2026)
Applicant failed to establish prima facie ownership or entitlement to a temporary injunction restraining sale of the property.
Land law — Temporary injunction — Ownership and possession — Guardianship and minority — Mortgage by guardian — Restructuring of loan — Compliance with auction statutory notices — Atilio v Mbowe injunction test.
 12 February 2026
Mosses Raymond Kilawila vs Vision Fund Tanzania Microfinance Bank Limited and Others (Misc. Land Appeal No. 29835 of 2025) [2026] TZHCLandD 15 (9 February 2026)
Tribunal’s dismissal for non-appearance set aside for failing to evaluate evidence; application restored for rehearing.
Land law – restoration of dismissed proceedings – non-appearance – necessity to evaluate affidavit and annexed documentary evidence – requirement for reasoned decisions; natural justice – right to be heard; procedural jurisdiction – role of assessors in Land Tribunals (raised but appellate determination rested on failure to evaluate evidence).
 9 February 2026
Miriam Jeremiah Soloman vs Azim Hussein Dewji and Others (Misc. Land Application No. 32609 of 2025) [2026] TZHCLandD 14 (3 February 2026)
Application for Mareva injunction struck out for incompetence due to inconsistent names on court documents.
Civil procedure – preliminary objections – competence of application – Mareva injunction sought "pending intended suit" and risk of perpetual injunction – affidavit must not contain arguments/conclusions (Order XIX r.3(2)) – sufficiency of land description for injunction – importance of accurate electronic court records and correct party names – misnomer may render application incompetent.
 3 February 2026
January 2026
Sea Cliff Casino Limited vs Hotel Sea Cliff Limited (Land Case No. 000023336 of 2025) [2026] TZHCLandD 13 (30 January 2026)
Court retained jurisdiction over lease-based utility claims but dismissed tax and contempt claims for lack of jurisdiction and locus standi.
Land law – jurisdiction of courts over lease disputes; contract claims affecting use/enjoyment of land; locus standi – inability to sue on behalf of TRA; tax disputes – reserved for Tax Revenue Appeals Tribunal/Board; enforcement/contempt of tribunal orders – remitted to issuing tribunal.
 30 January 2026
Amit Babubhai Ladwa and Another vs Deogratious Ogunde Ogunde and Ramadhani Masudi and Family Limited (Land Case No. 24000 of 2025) [2026] TZHCLandD 8 (28 January 2026)
Where relief sought affects a land register, the Registrar of Titles is a necessary party; court allowed amendment to join them.
Land law — Registered land — Joinder of Registrar of Titles as necessary party where relief affects the land register; Civil Procedure — Order 1 Rule 3 (necessary parties) and Order 1 Rule 9 (amendment to cure non-joinder); Government Proceedings Act s.6(2) — statutory notice requirement; discretion to allow amendment instead of striking out.
 28 January 2026
Asha Juma Ramadhani vs Millenium Microfin T Ltd and Others (Misc. Land Application No. 000009430 of 2025) [2026] TZHCLandD 7 (28 January 2026)
Court found auctioneer and purchaser in contempt for disobeying injunction and sentenced them to three months' custody.
Contempt of court – Disobedience of injunction/maintenance of status quo – Civil committal proceedings – Service through agents/substituted service – Custodial sentence as remedy to vindicate rule of law.
 28 January 2026
Mustafa Seif Ngane vs Ng'wilabuzu Ndatwa Ludigija and Others (Misc. Land Application No. 000022788 of 2025) [2026] TZHCLandD 6 (28 January 2026)
Stay of taxation execution refused where applicant failed to promptly file intended reference after granted extension; wrong citation curable.
Civil Procedure — stay of execution — Order XXI — showing sufficient cause and acting promptly after grant of extension of time; delay defeats stay; wrong citation curable under section 4 of CPC.
 28 January 2026
Stewart Petro M Lan G'a@ Stewart PJK Mlang'a vs Ngassa Dindi and Others (Misc. Land Application No. 000024156 of 2025) [2026] TZHCLandD 9 (28 January 2026)
Applicant proved respondents in contempt for disobeying injunctive order; each respondent fined Tshs. 500,000/=.
Civil contempt – Disobedience of interim injunction restraining possession and construction – Virtual service and counsel’s presence via e-filing – Agency liability for acts of agents/third parties – Sanctions: fine with default imprisonment – Inherent powers of the court to prevent abuse of process.
 28 January 2026
Mbwiza Issa Athuman (Administrator of the Estate of the Late Ally Athuman Mbwisha) vs Abdula Salum Sleyum (Misc. Land Application No. 000025583 of 2025) [2026] TZHCLandD 10 (27 January 2026)
Court granted seven-day extension to file notice of appeal due to technical delay despite incomplete accounting for intervening delay.
Extension of time – Section 11(1) AJA – Technical delay vs. actual delay – Requirement to account for every day of delay – Financial constraint generally insufficient – Appeal competence and anomalies in record.
 27 January 2026
Gerald Othmar Haule vs The Attorney General and Others (Land Case No. 20818 of 2024) [2026] TZHCLandD 12 (16 January 2026)
Government-led formalization lawfully reallocated plots; plaintiff failed to prove post-formalization ownership, so trespass claim dismissed.
Land law — Government-led formalization/survey — effect on pre-formalization informal holdings; burden of proof in civil land disputes; trespass requires proof of lawful possession; administrative allocations binding unless successfully impeached.
 16 January 2026
Rahama Malia vs Rajabu Malidi Chemka and Others (Miscellaneous Land Application No. 28100 of 2025) [2026] TZHCLandD 11 (15 January 2026)
Interlocutory injunction granted to restrain enforcement of alleged mortgage over matrimonial home pending trial.
Land law – interlocutory injunction – matrimonial property – validity/authenticity of spousal consent to mortgage – irreparable harm – balance of convenience.
 15 January 2026
The Registered Trustees Kanisa La Pentekoste Tanzania vs Jamila Fungameza( as Personal Legal Representative of ALI HASSAN FUNGAMEZA) & 4 Others (Misc. Land Application No. 32482 of 2025) [2026] TZHCLandD 5 (14 January 2026)
High Court lacks jurisdiction to grant stay once the District Land and Housing Tribunal has granted execution; stay must be sought in the Tribunal.
Land law — Execution and stay of execution — Land Disputes Courts (District Land and Housing Tribunal) Regulations (G.N. No.174/2003) — Regulation 24 proviso and Regulation 25 — Jurisdiction to order stay resides with executing Tribunal — Civil Procedure Code (Order XXXIX R.5) inapplicable where Regulations are exhaustive — Section 55(2) Land Disputes Courts Act.
 14 January 2026
Asha Omary Mustapha & 9 Others vs National Housing Corporation &Another (Misc. Land Application No. 32109 of 2025) [2026] TZHCLandD 2 (7 January 2026)
Mareva injunction against the Government requires proper 90‑day statutory notice; failure to serve is fatal and application was struck out.
Civil procedure — Mareva (freezing) injunction — availability pending statutory notice expiry but not pending filing of suit — prohibition of perpetual injunctions; Government Proceedings Act, s.6(2) — statutory 90‑day notice requirement — defective service of notice fatal; locus standi; preliminary objection arising from pleadings.
 7 January 2026
David George Shija and 2 Others vs Maka Nikubuka Shimwela (Land Appeal No. 23240 of 2024) [2026] TZHCLandD 3 (7 January 2026)
Appeal dismissed: respondent proved title; late or inconsistent documents inadmissible and Tribunal’s exercise of discretion upheld.
Land law — proof of title — burden of proof under Evidence Act s.117(1); admissibility and timing of documents — Regs GN No.174/2003 reg.10(2)-(3), reg.14; exhibits inconsistent with pleadings inadmissible; production after close of case requires leave and proof of authenticity.
 7 January 2026
Shamez Enterprises Ltd vs Commissioner for Lands and 6 Others (Land Case No. 16146 of 2025) [2026] TZHCLandD 4 (7 January 2026)
The plaintiff's land‑ownership claim was dismissed as time‑barred under the 12‑year limitation for recovery of land.
Limitation of actions – Recovery of land – Item 22 Part I Schedule, Law of Limitation Act (Cap 89 R.E. 2023) – 12‑year limitation – accrual date discernible from plaint – preliminary objection on limitation (Mukisa Biscuit) – dismissal under s.3(1).
 7 January 2026
Martin Paschal Masinde vs Fadhila Yahya Khalfan (Land Appeal Case No. 28001 of 2025) [2026] TZHCLandD 1 (6 January 2026)
Ex parte judgment valid where the applicant, present when the hearing date was fixed, failed to show sufficient cause or produce supporting evidence.
Land law — Ex parte proceedings — Regulation 11(1)(c) Land Disputes Courts Regulations — Requirement to show good cause to set aside ex parte orders — Need for supporting affidavits/documentary proof — Right to be heard limited by failure to comply with hearing dates — Procedural irregularity not fatal absent prejudice.
 6 January 2026