20050804 TZHC Arusha

IN THE HIGH COURT ()F TANZANIA j ·AT ARUSHA.· MISC. CIVIL APPLICATION NO. 17 OF 2003 MR. GODFREY K. OLLE MOITA .•..................... APPLICANT Versus MR NGAKENYA OLLE NJORIO ........... lST RESPONDENT THE ENDULEN VILLAGE COUNCIL. ..... 2No RESPONDENT RULi.NG R. Sheikh, J. This is an application by the applicant GODFREY K. OLLE MOITA brought under the proviso to Section 63 of the Magistrates' Courts Act No 2 of 1984- and Or9er ·.XIII ·Rule- (2) of the Civil ' Procedure Code, 1966, for leave of this court to institute proceedings in respect of unregistered · land, in the Court of· the Resident Magistrate at Arusha. The application is supported by the affidavit of the applicant. The respondent resisted the application by filing a counter-affidavit. The respondent has also taken objection to the 1 applicant on several Points of Law. I I One of the grounds raised by Mr. Mirambo Learned Counsel for I the respondent in his written submission is that this application is 1 ., incompetent under S. 4(1) of the La nd Disputes Act, No 2 of 2002 . ·;' .i I I I I . , . 2 Mr. Mirambo submitted that the Ordinary Courts no longer have jurisdiction over disputes concerning land. Upon careful consideration of the submissions by the respective Learned Counsel (Mr. Mahatane had appeared for the applicant) on the Points of Law, I must agree with Mr. Mirambo that by reason of the amendments of the· Iaw, ·and in particular with the coming into force of the Land Disputes Courts Act No 2 of 2002 which came into operation on 1st October 2003 (See G.N. 223 of 2003), the Primary Courts as well as District and Resident Magistrates' Courts have no jurisdiction over disputes concerning land. It is no longer necessary or proper to seek leave of this court under S.63 (1)of the Magistrates' Courts Act 1984 in order to commence proceedings in respect of immovable property or concerning land disputes. In my view this court is no longer competent to entertain such applications in respect of land disputes. Nor does it have the jurisdiction or discretion to grant the order soug~t in this application. I note that the application was filed on 26/2/2003. However by 'the time it came for hearing in February and March 2004, the amendment relied on by the respondent i.e. S.4 of the Land Disputes Act No 2 of 2002, had already come into force as stated hereinabove. I am satisfied that this application is incompetent. It is accordingly hereby struck out. . • 3 1 As at the time the application was argued the new law was I already in place, I order costs in favour of the respondent ~T R. Sheikhi JUDGE 01/08/2005 Ruling read in Chambers this 4th day of August, 2005 in lthe presence of Messrs Maira and Mirambo for the respondent and irl the absence of the applicant, with Mariam Bench Clerk in attendanceJ · I ~~ R. Sheikh JUDGE 04/08/2005 I I RS/hjm. I I I I I I