20140411 TZHC Dar es Salaam

20140411 TZHC Dar es Salaam

The appeal was filed by way of a memorandum of appeal directly in the High Court instead of a petition filed in the District Land and Housing Tribunal, contrary to the mandatory procedure under the Land Disputes Courts Act, 2002. This procedural defect is fatal and necessitates striking out the appeal.

Citation
20140411 TZHC Dar es Salaam
Parties
Appellant: Bint Pazi (Addija Ramadhani); Respondent: Sylivester W. Mkama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 April 2014
Procedural Posture
Land Case Appeal / Ruling on Procedural Compliance
Outcome
Appeal struck out with costs
Legal Topics
Appeals Procedure, Jurisdiction, Land Disputes Courts Act Compliance
Source Language
English
Land Law Civil Procedure Appeals Procedure Jurisdiction Land Disputes Courts Act Compliance

Case Brief

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Parties

Bint Pazi (Addija Ramadhani)

Appellant

Sylivester W. Mkama

Respondent

Procedural Posture

Land Case Appeal / Ruling on Procedural Compliance

Legal Issues

  1. 1 Whether the appeal was properly filed in accordance with the Land Disputes Courts Act, 2002

Ratio Decidendi

The appeal was filed by way of a memorandum of appeal directly in the High Court instead of a petition filed in the District Land and Housing Tribunal, contrary to the mandatory procedure under the Land Disputes Courts Act, 2002. This procedural defect is fatal and necessitates striking out the appeal.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out for being filed unprocedurally
  • Costs awarded against the appellant