adon mhindila vshassan maulid another 2021 tzhclandd 406 26 august 2021

adon mhindila vshassan maulid another 2021 tzhclandd 406 26 august 2021

The participation of the secretary in the decision-making of the Ward Tribunal is a gross irregularity that renders the judgment null and void, warranting a retrial.

Source-derived case information.

Citation
adon mhindila vshassan maulid another 2021 tzhclandd 406 26 august 2021
Parties
Appellant: Adon Mhindila; 1st Respondent: Hassan Maulidi; 2nd Respondent: Hilda Malekela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 August 2021
Procedural Posture
Land Appeal / Second Appeal Before High Court
Outcome
appeal allowed
Legal Topics
Ward Tribunal Procedure, Decision Making Irregularity, Participation of Secretary, Nullity of Judgment
Source Language
english
Land Law Ward Tribunal Procedure Decision Making Irregularity Participation of Secretary Nullity of Judgment

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Parties

Adon Mhindila

Appellant

Hassan Maulidi

1st Respondent

Hilda Malekela

2nd Respondent

Procedural Posture

Land Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the participation of the secretary in the decision of the Ward Tribunal renders the judgment a nullity
  2. 2 Whether the trial and appellate tribunals erred in law and fact in their findings

Ratio Decidendi

The participation of the secretary in the decision-making of the Ward Tribunal is a gross irregularity that renders the judgment null and void, warranting a retrial.

Court Disposition

appeal allowed

Orders

  • Judgments of both the trial and appellate tribunals are nullified.
  • File remitted to the Ward Tribunal for retrial.