20151022 TZHC Iringa

The High Court lacks jurisdiction to entertain an appeal arising from an ex parte decision where the aggrieved party did not first apply to set aside the ex parte decision in the original tribunal; thus, the proceedings and judgment of the District Land and Housing Tribunal are a nullity and the appeal is incompetent.

Citation: 20151022 TZHC Iringa
Parties: Appellant: Kuyela Chulugu & Another; Respondent: Maua Mgata
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 October 2015
Procedural Posture: Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal struck out for incompetence; proceedings and judgment of the District Land and Housing Tribunal quashed as nullity; no order as to costs.
Legal Topics: Ex Parte Decisions, Jurisdiction, Appeals Process, Setting Aside Ex Parte Judgments
Source Language: English

Land Law Civil Procedure Ex Parte Decisions Jurisdiction Appeals Process Setting Aside Ex Parte Judgments

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Parties

Kuyela Chulugu & Another

Appellant

Maua Mgata

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the appeal against an ex parte decision is competent before the High Court
2 Whether the proper procedure was followed after ex parte decisions in the Ward Tribunals

Ratio Decidendi

Court Disposition

Appeal struck out for incompetence; proceedings and judgment of the District Land and Housing Tribunal quashed as nullity; no order as to costs.

Orders

Proceedings and judgment of the District Land and Housing Tribunal quashed
Appeal struck out