charles ngalula vs mayala pashinge 2020 tzhc 4695 8 december 2020
The District Land and Housing Tribunal erred by disregarding the evidence and sketch map recorded by the Ward Tribunal without legal justification and by collecting new evidence at locus in quo without proper reasons; therefore, its decision is quashed and the Ward Tribunal's judgment is restored.
- Citation
- charles ngalula vs mayala pashinge 2020 tzhc 4695 8 december 2020
- Parties
- Appellant: Charles Ngalula; Respondent: Mayala Pashinge
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 December 2020
- Procedural Posture
- Miscellaneous Land Appeal / Final Judgment
- Outcome
- appeal allowed
- Legal Topics
- Trespass, Ownership, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Ngalula
Appellant
Mayala Pashinge
Respondent
Procedural Posture
Miscellaneous Land Appeal / Final Judgment
Legal Issues
- 1 whether the District Land and Housing Tribunal erred in disregarding evidence from the Ward Tribunal
- 2 whether the appellant proved allocation of land by village council
- 3 whether the District Land and Housing Tribunal was justified in collecting new evidence at locus in quo
Ratio Decidendi
The District Land and Housing Tribunal erred by disregarding the evidence and sketch map recorded by the Ward Tribunal without legal justification and by collecting new evidence at locus in quo without proper reasons; therefore, its decision is quashed and the Ward Tribunal's judgment is restored.
Court Disposition
appeal allowed
Orders
- decision of the District Land and Housing Tribunal quashed
- orders of the District Land and Housing Tribunal set aside
Full Case Text
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