20161115 TZHC Dodoma

20161115 TZHC Dodoma

Proceedings and decisions made in absence of necessary parties are null and void as they violate principles of natural justice and proper adjudication.

Citation
20161115 TZHC Dodoma
Parties
Appellant: Abraham Gaya; 1st Respondent: Peter Odhiambo Boaz; 2nd Respondent (deceased): Francis Pembo; 3rd Respondent: Edward Francis Pembo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2016
Procedural Posture
Consolidated Land Appeal and Applications / Judgment After Consolidation of Appeal and Applications
Outcome
proceedings quashed and set aside; retrial ordered
Legal Topics
Natural Justice, Joinder of Parties, Nullity of Proceedings, Extension of Time, Legal Representation
Source Language
English
Land Law Civil Procedure Natural Justice Joinder of Parties Nullity of Proceedings Extension of Time Legal Representation

Case Brief

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Parties

Abraham Gaya

Appellant

Peter Odhiambo Boaz

1st Respondent

Francis Pembo

2nd Respondent (deceased)

Edward Francis Pembo

3rd Respondent

Procedural Posture

Consolidated Land Appeal and Applications / Judgment After Consolidation of Appeal and Applications

Legal Issues

  1. 1 Whether proceedings and decisions made in absence of necessary parties are valid
  2. 2 Whether the District Land and Housing Tribunal and Bahi Ward Tribunal decisions are null and void for non-joinder of necessary parties

Ratio Decidendi

Proceedings and decisions made in absence of necessary parties are null and void as they violate principles of natural justice and proper adjudication.

Court Disposition

proceedings quashed and set aside; retrial ordered

Orders

  • Proceedings of District Land and Housing Tribunal in Application No. 77 of 2014 and Bahi Ward Tribunal in Land Case No. 73 of 2013 quashed and set aside.
  • District Land and Housing Tribunal to conduct a fresh trial with the legal representative of the 2nd respondent (3rd respondent) impleaded as a necessary party.