alex mhagama others vs amar remtula others 2019 tzhc 2021 28 january 2019
The Tribunal's proceedings were null due to improper constitution, specifically the change of assessors during trial contrary to statutory requirements; all orders arising therefrom are quashed.
- Citation
- alex mhagama others vs amar remtula others 2019 tzhc 2021 28 january 2019
- Parties
- Appellant: Alex Mhagama; Appellant: Said Amiri; Appellant: Kalist Jamal; Respondent: Amar Remtula; Respondent: Hima Security
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 January 2019
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- appeal partly allowed; proceedings and orders of trial Tribunal nullified and quashed; no order for trial de novo; no order as to costs
- Legal Topics
- Tribunal Constitution, Eviction, Tenancy Rights, Procedural Irregularity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alex Mhagama
Appellant
Said Amiri
Appellant
Kalist Jamal
Appellant
Amar Remtula
Respondent
Hima Security
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellants were lawful tenants or mere invitees
- 2 Whether the District Land and Housing Tribunal was properly constituted
- 3 Whether the proceedings and orders of the Tribunal should be nullified
Ratio Decidendi
The Tribunal's proceedings were null due to improper constitution, specifically the change of assessors during trial contrary to statutory requirements; all orders arising therefrom are quashed.
Court Disposition
appeal partly allowed; proceedings and orders of trial Tribunal nullified and quashed; no order for trial de novo; no order as to costs
Orders
- Proceedings of the District Land and Housing Tribunal nullified
- Orders arising from Tribunal proceedings quashed
Full Case Text
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