christopher mathania vs ramadhani nigangwa and another 2020 tzhc 204 28 february 2020
The proceedings and judgment of the Ward Tribunal were null and void due to improper coram and non-listing of tribunal members, an error attributable to the tribunal and not the parties. The appellate tribunal erred in awarding costs to the respondent.
- Citation
- christopher mathania vs ramadhani nigangwa and another 2020 tzhc 204 28 february 2020
- Parties
- Appellant: Christopher Mathania; 1st Respondent: Ramadhani Nigangwa; 2nd Respondent: Mchikichini Ward
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Tribunal Composition, Costs, Procedural Irregularity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher Mathania
Appellant
Ramadhani Nigangwa
1st Respondent
Mchikichini Ward
2nd Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 Whether the proceedings and judgment of the Ward Tribunal were qualified under the law
- 2 Whether the District Land and Housing Tribunal erred in awarding costs to the respondent
Ratio Decidendi
The proceedings and judgment of the Ward Tribunal were null and void due to improper coram and non-listing of tribunal members, an error attributable to the tribunal and not the parties. The appellate tribunal erred in awarding costs to the respondent.
Court Disposition
appeal allowed
Orders
- Order for costs made by the appellate District Land and Housing Tribunal is set aside
- No order as to costs
Full Case Text
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