charles kamwendo vs saidi hatibu another 2012 tzhc 107 31 october 2012
The appeal was incompetent as it was filed directly to the High Court instead of the District Land and Housing Tribunal as required by law.
- Citation
- charles kamwendo vs saidi hatibu another 2012 tzhc 107 31 october 2012
- Parties
- Appellant: Charles Kamwendo; 1st Respondent: Saidi Hatibu; 2nd Respondent: Fatuma Saidi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 October 2012
- Procedural Posture
- Land Appeal / Judgment on Preliminary Objection (procedural)
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeals From Ward Tribunal, Procedural Compliance, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Kamwendo
Appellant
Saidi Hatibu
1st Respondent
Fatuma Saidi
2nd Respondent
Procedural Posture
Land Appeal / Judgment on Preliminary Objection (procedural)
Legal Issues
- 1 Whether the appeal was properly filed in accordance with section 38(2),(3) of the Land Disputes Courts Act
Ratio Decidendi
The appeal was incompetent as it was filed directly to the High Court instead of the District Land and Housing Tribunal as required by law.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out with costs.
- Appellant at liberty to re-file appeal.
Full Case Text
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