charles lusito vs adevoid mnyangaly others 2016 tzhc 2086 30 may 2016

charles lusito vs adevoid mnyangaly others 2016 tzhc 2086 30 may 2016

The District Land and Housing Tribunal violated principles of natural justice by quashing the Ward Tribunal's decision without hearing the applicant; therefore, the appellant is entitled to extension of time to seek review.

Citation
charles lusito vs adevoid mnyangaly others 2016 tzhc 2086 30 may 2016
Parties
Appellant: Charles Lusito; Respondent: Adevoid Mnyang’aly; Respondent: Devid Mnyang’aly; Respondent: Gabriel Ngede
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2016
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Extension of Time, Review of Tribunal Decision, Natural Justice, Execution of Decree
Source Language
English
Land Law Civil Procedure Extension of Time Review of Tribunal Decision Natural Justice Execution of Decree

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Parties

Charles Lusito

Appellant

Adevoid Mnyang’aly

Respondent

Devid Mnyang’aly

Respondent

Gabriel Ngede

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in quashing the Ward Tribunal's decision without hearing the applicant
  2. 2 Whether the appellant is entitled to extension of time to file for review

Ratio Decidendi

The District Land and Housing Tribunal violated principles of natural justice by quashing the Ward Tribunal's decision without hearing the applicant; therefore, the appellant is entitled to extension of time to seek review.

Court Disposition

appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal in Misc. Application No. 403 of 2015 is quashed and set aside
  • Appellant is granted 30 days from the date of judgment to file a review before the District Land and Housing Tribunal in respect of Misc. Application No. 319 of 2012