qwenga mandoo another vs marietha paulo another 2023 tzhc 23677 19 december 2023

The tribunal lacked jurisdiction to entertain the dispute over the deceased's property while the issue of appointment of an administrator was still pending before the Court of Appeal due to an unwithdrawn notice of appeal.

Citation: qwenga mandoo another vs marietha paulo another 2023 tzhc 23677 19 december 2023
Parties: 1st Appellant: Qwenga Mandoo; 2nd Appellant: Daniel Paulo; 1st Respondent: Marietha Paulo; 2nd Respondent: Sisilia Paulo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2023
Procedural Posture: Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome: Appeal allowed; proceedings, judgment, and decree of the trial tribunal quashed and nullified.
Legal Topics: Jurisdiction, Probate and Administration, Appeals, Land Ownership, Nullification of Proceedings
Source Language: English

Land Law Civil Procedure Jurisdiction Probate and Administration Appeals Land Ownership Nullification of Proceedings

Case Brief

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Parties

Qwenga Mandoo

1st Appellant

Daniel Paulo

2nd Appellant

Marietha Paulo

1st Respondent

Sisilia Paulo

2nd Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

1 Whether the tribunal had jurisdiction to determine the land dispute while a notice of appeal on the appointment of administrator was pending before the Court of Appeal
2 Whether the trial tribunal erred in law and fact in its evaluation of evidence and procedure

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings, judgment, and decree of the trial tribunal quashed and nullified.

Orders

Judgment, decree, and proceedings of the trial tribunal quashed and nullified.
No order as to costs.