abraham gaya vs peter buchiru 2017 tzhc 2120 21 april 2017

abraham gaya vs peter buchiru 2017 tzhc 2120 21 april 2017

The Ward Tribunal lacked jurisdiction to award and quantify costs, and the District Land and Housing Tribunal's execution order based on such award was a nullity; both orders were quashed and set aside.

Citation
abraham gaya vs peter buchiru 2017 tzhc 2120 21 april 2017
Parties
Appellant: Abrahaman Gaya; Respondent: Pawa Buchiru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 2017
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Costs Taxation, Jurisdiction of Tribunals, Execution of Costs Orders
Source Language
English
Civil Procedure Land Law Costs Taxation Jurisdiction of Tribunals Execution of Costs Orders

Case Brief

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Parties

Abrahaman Gaya

Appellant

Pawa Buchiru

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Ward Tribunal had jurisdiction to award and quantify costs
  2. 2 Whether the execution of costs order by the District Land and Housing Tribunal was valid

Ratio Decidendi

The Ward Tribunal lacked jurisdiction to award and quantify costs, and the District Land and Housing Tribunal's execution order based on such award was a nullity; both orders were quashed and set aside.

Court Disposition

appeal allowed

Orders

  • The order of the Bahi Ward Tribunal for payment of THz 678,000 as costs is quashed and set aside.
  • The execution order of the District Land and Housing Tribunal of Dodoma is quashed and set aside.