bernard isack chapiya vs abeda mishek mlengo 3 others 2023 tzhc 21740 5 october 2023

bernard isack chapiya vs abeda mishek mlengo 3 others 2023 tzhc 21740 5 october 2023

The Ward Tribunal lacked jurisdiction to hear and determine the dispute after the amendment of the Land Dispute Courts Act by Act No. 05 of 2021, rendering all proceedings and decisions a nullity.

Citation
bernard isack chapiya vs abeda mishek mlengo 3 others 2023 tzhc 21740 5 october 2023
Parties
Appellant: Bernard Isack Chapiya; 1st Respondent: Abeda s/o Misheck @Mlengo; 2nd Respondent: Lemon s/o Mbeti; 3rd Respondent: Afisadi s/o Mbeti; 4th Respondent: Jefta s/o Mbeti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 October 2023
Procedural Posture
Miscellaneous Land Appeal / Ruling on Jurisdiction/preliminary Objection
Outcome
appeal struck out
Legal Topics
Jurisdiction of Ward Tribunals, Amendment of Land Dispute Courts Act, Requirement of Certificate of Failed Mediation
Source Language
English
Land Law Civil Procedure Jurisdiction of Ward Tribunals Amendment of Land Dispute Courts Act Requirement of Certificate of Failed Mediation

Case Brief

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Parties

Bernard Isack Chapiya

Appellant

Abeda s/o Misheck @Mlengo

1st Respondent

Lemon s/o Mbeti

2nd Respondent

Afisadi s/o Mbeti

3rd Respondent

Jefta s/o Mbeti

4th Respondent

Procedural Posture

Miscellaneous Land Appeal / Ruling on Jurisdiction/preliminary Objection

Legal Issues

  1. 1 Whether the Ward Tribunal had jurisdiction to hear and determine the land dispute after the amendment of the Land Dispute Courts Act by Act No. 05 of 2021
  2. 2 Whether the proceedings and decisions of the Ward Tribunal and subsequent appeals are nullities for want of jurisdiction

Ratio Decidendi

The Ward Tribunal lacked jurisdiction to hear and determine the dispute after the amendment of the Land Dispute Courts Act by Act No. 05 of 2021, rendering all proceedings and decisions a nullity.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out of the record.
  • No order as to costs.