Land Revision No
There were serious procedural irregularities and incoherence in the proceedings of Misc. Application No. 173 of 2023, resulting in denial of fair hearing and injustice to the applicant. No irregularities were found in Execution Application No. 18 of 2022.
- Citation
- Land Revision No
- Parties
- Applicant: Amina Rashidi; 1st Respondent: Hashimu Ramadhani Selemani; 2nd Respondent: Juma Ramadhani; 3rd Respondent: Choki Ramadhani Selemani; 4th Respondent: Jutia Ramadhani Selemani
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Land Revision / Ruling
- Outcome
- Application partly allowed
- Legal Topics
- Revision, Procedural Irregularities, Right to Fair Hearing, Extension of Time, Stay of Execution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Amina Rashidi
Applicant
Hashimu Ramadhani Selemani
1st Respondent
Juma Ramadhani
2nd Respondent
Choki Ramadhani Selemani
3rd Respondent
Jutia Ramadhani Selemani
4th Respondent
Procedural Posture
Land Revision / Ruling
Legal Issues
- 1 Whether there were procedural irregularities in Misc. Land Application No. 173 of 2023 and Execution Application No. 18 of 2022
- 2 Whether such irregularities caused injustice to the applicant
Ratio Decidendi
There were serious procedural irregularities and incoherence in the proceedings of Misc. Application No. 173 of 2023, resulting in denial of fair hearing and injustice to the applicant. No irregularities were found in Execution Application No. 18 of 2022.
Court Disposition
Application partly allowed
Orders
- Proceedings and subsequent orders in Misc. Application No. 173 of 2023 quashed and set aside
- Application to be reheard before another Chairperson
Full Case Text
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