adam ndomba vs emilian ndomba others 2016 tzhc 2186 21 april 2016
The Ward Tribunal was not properly composed as required by law, rendering its proceedings and judgment nullity; the District Land and Housing Tribunal's decision is also quashed and set aside.
- Citation
- adam ndomba vs emilian ndomba others 2016 tzhc 2186 21 april 2016
- Parties
- Appellant: Adam Ndomba; Respondent: Emilian Ndomba; Respondent: Gido Ndunguro; Respondent: Vicent Ndunguru
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 April 2016
- Procedural Posture
- Land Case Appeal / Second Appeal From District Land and Housing Tribunal
- Outcome
- appeal allowed
- Legal Topics
- Tribunal Composition, Nullity of Proceedings, Retrial Order
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Ndomba
Appellant
Emilian Ndomba
Respondent
Gido Ndunguro
Respondent
Vicent Ndunguru
Respondent
Procedural Posture
Land Case Appeal / Second Appeal From District Land and Housing Tribunal
Legal Issues
- 1 Whether the Ward Tribunal was properly composed as required by law
- 2 Whether the proceedings and judgment of the Ward Tribunal are nullity due to improper composition
Ratio Decidendi
The Ward Tribunal was not properly composed as required by law, rendering its proceedings and judgment nullity; the District Land and Housing Tribunal's decision is also quashed and set aside.
Court Disposition
appeal allowed
Orders
- Proceedings and judgment of Utiri Ward Tribunal in Land Case No. 12 of 2015 are nullity and quashed.
- Decision of District Land and Housing Tribunal for Mbinga in Land Appeal No. 53 of 2015 is quashed and set aside.
Full Case Text
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