20160624 TZHC Mwanza

The District Land and Housing Tribunal acted illegally by sitting without the required quorum, converting an application for extension of time into revision proceedings without hearing the parties, and declaring rights on quashed proceedings. The order was set aside and the matter remanded for proper hearing.

Citation: 20160624 TZHC Mwanza
Parties: Appellant: Barnabas Mligo; Respondent: Christopher Mangarai
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 June 2016
Procedural Posture: Misc Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal allowed
Legal Topics: Extension of Time, Revision Proceedings, Quorum of Tribunal, Right to Be Heard
Source Language: English

Land Law Civil Procedure Extension of Time Revision Proceedings Quorum of Tribunal Right to Be Heard

Case Brief

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Parties

Barnabas Mligo

Appellant

Christopher Mangarai

Respondent

Procedural Posture

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

Legal Issues

1 Whether the District Land and Housing Tribunal erred by changing an application for extension of time into a revision and determining ownership without proper hearing
2 Whether the tribunal was properly constituted as per statutory requirements

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The illegal order of the District Land and Housing Tribunal is quashed and set aside.
The matter is remanded to the District Land and Housing Tribunal for hearing of the application for extension of time before a duly constituted tribunal.