alanus mapunda vs amina lihengela and others 2021 tzhc 7364 29 october 2021

alanus mapunda vs amina lihengela and others 2021 tzhc 7364 29 october 2021

Neither the appellant nor the respondents had a valid right of occupancy over the suit land, which belonged to the Village Council. As the true owner was not a party, the proceedings were a nullity from the beginning and the appeal could not stand.

Citation
alanus mapunda vs amina lihengela and others 2021 tzhc 7364 29 october 2021
Parties
Appellant: Alanus Mapunda; Respondent: Amina Lihengela; Respondent: Vidilina Likoko; Respondent: Mwajuma Kipinga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal dismissed as a nullity; proceedings declared null and void.
Legal Topics
Right of Occupancy, Locus Standi, Village Land Allocation, Nullity of Proceedings
Source Language
English
Land Law Right of Occupancy Locus Standi Village Land Allocation Nullity of Proceedings

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Parties

Alanus Mapunda

Appellant

Amina Lihengela

Respondent

Vidilina Likoko

Respondent

Mwajuma Kipinga

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant or respondents had a valid right of occupancy over the suit land
  2. 2 Whether the District Land and Housing Tribunal's decision was valid in the absence of the Village Council as a party

Ratio Decidendi

Neither the appellant nor the respondents had a valid right of occupancy over the suit land, which belonged to the Village Council. As the true owner was not a party, the proceedings were a nullity from the beginning and the appeal could not stand.

Court Disposition

Appeal dismissed as a nullity; proceedings declared null and void.

Orders

  • Each party is returned to the position prior to the suit.
  • Each party to bear their own costs.