abdallah hassan vs vodacom tanzania ltd 2007 tzhc 481 8 november 2007

abdallah hassan vs vodacom tanzania ltd 2007 tzhc 481 8 november 2007

The High Court (ordinary) lacks jurisdiction to entertain land disputes after 1st October 2003, when the Land Disputes Courts Act No.2 of 2002 came into force and vested exclusive jurisdiction in specialized land courts. The suit, filed on 30th July 2004, was improperly before the ordinary High Court and must be dismissed for want of jurisdiction.

Citation
abdallah hassan vs vodacom tanzania ltd 2007 tzhc 481 8 november 2007
Parties
Plaintiff: Abdallah Hassan; Defendant: Vodacom (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2007
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit dismissed for want of jurisdiction with costs.
Legal Topics
Jurisdiction, Limitation of Actions, Trespass to Land
Source Language
English
Civil Procedure Land Law Jurisdiction Limitation of Actions Trespass to Land

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Parties

Abdallah Hassan

Plaintiff

Vodacom (T) Ltd

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a land dispute after the coming into force of the Land Disputes Courts Act No.2 of 2002
  2. 2 Whether the suit is time barred under the Law of Limitation Act, 1971

Ratio Decidendi

The High Court (ordinary) lacks jurisdiction to entertain land disputes after 1st October 2003, when the Land Disputes Courts Act No.2 of 2002 came into force and vested exclusive jurisdiction in specialized land courts. The suit, filed on 30th July 2004, was improperly before the ordinary High Court and must be dismissed for want of jurisdiction.

Court Disposition

Suit dismissed for want of jurisdiction with costs.

Orders

  • Suit dismissed with costs.