Tanzania Case Law

20082026 TZHC Dar es Salaam

Court

TZHC

The Ward Tribunal of Kibamba had jurisdiction to determine the dispute as it was a minor land dispute arising from a licence to cultivate, not a complex matter involving a grant of right of occupancy. The limitation period began in 1996/1997 when adverse possession arose, not from the original grant in 1982, so the claim was not time barred. The appellant should have appealed the Ward Tribunal's decision rather than filing a fresh case in the Primary Court. The District Court was correct in nullifying the Primary Court proceedings and upholding the Ward Tribunal's decision.

Source excerpt

• Jurisdiction of ward tribunals
• Limitation period for land claims
• Adverse possession
• Appeals procedure

Read case analysis

MZIBA JEREMIAH

Court

TANZLII

The High Court allowed a land appeal, quashing Ward Tribunal and District Land and Housing Tribunal decisions for party exclusion and lack of pecuniary jurisdiction.

• Jurisdiction of ward tribunals
• Proper constitution of tribunals
• Party exclusion
• Pecuniary jurisdiction
• Consolidation of appeals
• Ward-tribunal-jurisdiction

Read case analysis

Judgment MRINGI MAGAFU VS MTUMWA NYALWAMBWA

Court

TANZLII

The DLHT erred in granting the right to use the disputed land to the respondents after nullifying the Ward Tribunal's proceedings for want of jurisdiction, and erred in awarding costs to the respondents when the irregularity was occasioned by the Ward Tribunal, not the appellant. There is no legal requirement for the DLHT to direct parties to initiate fresh proceedings after nullification.

Source excerpt

• Jurisdiction of ward tribunals
• Revisional powers of dlht
• Award of costs
• Status quo orders

Read case analysis

matinde wambura another vs kandore samson 2024 tzhc 850 15 march 2024

Court

TZHC

The High Court granted 30 days’ extension of time so the applicants could file an application for certification on a point of law, finding sufficient cause from alleged tribunal irregularities.

• Extension of time
• Jurisdiction of ward tribunals
• Tribunal composition
• Illegality as ground for extension
• Extension-of-time
• Ward-tribunal-composition

Read case analysis

marco ndimubanza v abel marco 2024 tzhc 846 15 march 2024

Court

TZHC

The High Court dismissed a land appeal between father and son, holding that the appellant failed to prove legal ownership of inherited land.

• Inheritance of land
• Burden of proof in civil cases
• Jurisdiction of ward tribunals
• Transfer of property on death
• Land-law
• Inheritance

Read case analysis

david yombayomba vs asha mwasa 2024 tzhclandd 58 29 february 2024

Court

TANZLII

The High Court held that the Ward Tribunal lacked adjudicatory jurisdiction after the 2021 amendment and that the respondent lacked locus standi without letters of administration.

• Jurisdiction of ward tribunals
• Locus standi
• Probate and administration
• Nullity of proceedings
• Ward-tribunal-jurisdiction
• Locus-standi

Read case analysis

nassoro rashid chimbwa v rashid kibwana kiungamila 2024 tzhc 67 16 january 2024

Court

TZHC

The High Court allowed a land appeal, holding that the Ward Tribunal had no jurisdiction to adjudicate after amendments limited it to mediation, and remitted the dispute for fresh proceedings.

• Jurisdiction of ward tribunals
• Mediation vs. adjudication
• Effect of statutory amendments
• Appellate review
• Ward-tribunal-jurisdiction
• Land-dispute-mediation

Read case analysis

MISC

Court

TANZLII

The Court certified as points of law for appeal the issues of the trial tribunal's jurisdiction (regarding time bar, establishment, and composition) and the Respondent's locus standi, finding them to be substantive legal questions. The issue of wrong titling was not certified as it was a clerical error rectifiable by the High Court and not a substantive legal issue for the Court of Appeal.

Source excerpt

• Jurisdiction of ward tribunals
• Locus standi
• Certification of points of law
• Rectification of clerical errors

Read case analysis

sospeter ramadhaniand two others vs mchiwa chedego 2023 tzhc 22767 20 november 2023

Court

TZHC

The proceedings and decisions of both the Ward Tribunal and District Land and Housing Tribunal were nullities due to failure to involve assessors' opinions and violation of the appellants' right to be heard, which are fundamental procedural errors that vitiate the entire proceedings.

Source excerpt

• Right to be heard
• Jurisdiction of ward tribunals
• Role of assessors in tribunals
• Ex parte proceedings
• Supervisory powers of high court

Read case analysis

josia mrimi vs rebeka nyankoba kinyara 2 others 2023 tzhc 21944 20 october 2023

Court

TZHC

The High Court dismissed a land appeal after finding no ward tribunal certificate of failed mediation, but quashed the costs order and made no costs order.

• Jurisdiction of ward tribunals
• Mediation certificate requirement
• Costs in land disputes
• Land-law
• Civil-procedure
• Ward-tribunal-mediation

Read case analysis