20121105 TZHC Mwanza4

The Ward Tribunal lacked jurisdiction to entertain the matter as an appeal, and the proceedings in both the Ward Tribunal and District Land and Housing Tribunal were null and void for want of jurisdiction. Procedural irregularities affecting jurisdiction are incurable and vitiate the proceedings.

Citation: 20121105 TZHC Mwanza4
Parties: Appellant: Kambarage Kajura; Respondent: Ladslaus Mahendeka; Respondent: Nelson Wilson
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 November 2012
Procedural Posture: Land Appeal / Judgment on Second Appeal to High Court
Outcome: Appeal allowed; proceedings in lower tribunals nullified for want of jurisdiction.
Legal Topics: Jurisdiction of Ward Tribunals, Appellate Procedure, Natural Justice, Land Allocation, Limitation Period
Source Language: English

Land Law Civil Procedure Jurisdiction of Ward Tribunals Appellate Procedure Natural Justice Land Allocation Limitation Period

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Parties

Kambarage Kajura

Appellant

Ladslaus Mahendeka

Respondent

Nelson Wilson

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal to High Court

Legal Issues

1 Whether the Ward Tribunal had jurisdiction to entertain the matter as an appeal or reference
2 Whether procedural irregularities in the lower tribunals vitiated the proceedings
3 Whether the appellant or respondent had better title to the disputed land

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings in lower tribunals nullified for want of jurisdiction.

Orders

All proceedings in the District Land and Housing Tribunal and Ward Tribunal are nullified for lack of jurisdiction.
Each party to bear their own costs.