andrew c ndakidemi vs nassoro lwila and others 2021 tzhc 9218 10 december 2021

andrew c ndakidemi vs nassoro lwila and others 2021 tzhc 9218 10 december 2021

The trial Tribunal was justified in granting the 90-day grace period as it fell within the general prayer for any other reliefs, but erred in withholding costs to the appellant without sufficient or exceptional reasons. The appellant, as the successful party, was entitled to costs both in the Tribunal and on appeal.

Citation
andrew c ndakidemi vs nassoro lwila and others 2021 tzhc 9218 10 december 2021
Parties
Appellant: Andrew C. Ndakidemi; 1st Respondent: Nassoro Lwila; 2nd Respondent: Anyesi N. Lwila; 3rd Respondent: Majembe Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2021
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal partly allowed
Legal Topics
Award of Costs, Reliefs Not Prayed for, Judicial Discretion, Pleadings and Reliefs
Source Language
English
Land Law Civil Procedure Award of Costs Reliefs Not Prayed for Judicial Discretion Pleadings and Reliefs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Andrew C. Ndakidemi

Appellant

Nassoro Lwila

1st Respondent

Anyesi N. Lwila

2nd Respondent

Majembe Auction Mart

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the trial Tribunal erred by granting reliefs not prayed for by the respondents
  2. 2 Whether the trial Tribunal erred by refusing to grant costs to the appellant

Ratio Decidendi

The trial Tribunal was justified in granting the 90-day grace period as it fell within the general prayer for any other reliefs, but erred in withholding costs to the appellant without sufficient or exceptional reasons. The appellant, as the successful party, was entitled to costs both in the Tribunal and on appeal.

Court Disposition

Appeal partly allowed

Orders

  • Appellant awarded costs in both the High Court and the District Land and Housing Tribunal
  • Orders of the District Land and Housing Tribunal regarding costs are set aside