angelika mofuga vs pascal kawaganise 2016 tzhclandd 5 30 august 2016
The trial tribunal's composition of only three members was below the statutory minimum, rendering its proceedings a nullity; consequently, the appellate tribunal's decision based on those proceedings is also a nullity.
- Citation
- angelika mofuga vs pascal kawaganise 2016 tzhclandd 5 30 august 2016
- Parties
- Appellant: Angelika M Ofuga; Respondent: Pascal Kawaganise
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 August 2016
- Procedural Posture
- Land Appeal / Judgment on Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Ward Tribunal Composition, Nullity of Proceedings, Land Ownership Dispute
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Parties
Angelika M Ofuga
Appellant
Pascal Kawaganise
Respondent
Procedural Posture
Land Appeal / Judgment on Second Appeal
Legal Issues
- 1 Whether the proceedings before the trial tribunal were a nullity for lack of the requisite coram
Ratio Decidendi
The trial tribunal's composition of only three members was below the statutory minimum, rendering its proceedings a nullity; consequently, the appellate tribunal's decision based on those proceedings is also a nullity.
Court Disposition
appeal allowed
Orders
- Judgment of the trial tribunal declared a nullity
- Decision of the appellate tribunal set aside as a nullity
Full Case Text
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