20161208 TZHC Dodoma 1

Due to missing records of the Segela Ward Tribunal, the High Court cannot verify the applicant's allegations or exercise its revisional powers, necessitating a retrial de novo at the Ward Tribunal.

Citation: 20161208 TZHC Dodoma 1
Parties: Applicant: AO MA MUHALE; Respondent: Bakari Kisairo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 December 2016
Procedural Posture: Land Revision / Ruling on Application for Revision
Outcome: Retrial ordered de novo at Ward Tribunal; no order as to costs.
Legal Topics: Revision, Procedural Irregularities, Locus Standi, Missing Records, Retrial
Source Language: English

Land Law Civil Procedure Revision Procedural Irregularities Locus Standi Missing Records Retrial

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 1 Party arguments 2

Parties

AO MA MUHALE

Applicant

Bakari Kisairo

Respondent

Procedural Posture

Land Revision / Ruling on Application for Revision

Legal Issues

1 Whether the proceedings of Segela Ward Tribunal were marred by procedural irregularities
2 Whether the respondent had locus standi to institute the suit
3 Whether the High Court can exercise revisional powers in absence of lower court records

Ratio Decidendi

Due to missing records of the Segela Ward Tribunal, the High Court cannot verify the applicant's allegations or exercise its revisional powers, necessitating a retrial de novo at the Ward Tribunal.

Court Disposition

Retrial ordered de novo at Ward Tribunal; no order as to costs.

Orders

The dispute shall start afresh at Ward Tribunal.
No order for costs.