consensa boneventula vs abdallah mlama 2020 tzhc 1599 29 july 2020
Review is not available to the DLHT under Cap. 216, and the irregularities in the Ward Tribunal decisions and DLHT's order can only be remedied by revision. The DLHT's failure to quash defective decisions perpetuated injustice, warranting exercise of revisional powers under section 44 (1) of Cap. 216.
- Citation
- consensa boneventula vs abdallah mlama 2020 tzhc 1599 29 july 2020
- Parties
- Applicant: Consensa Boneventula; Respondent: Abdallah Mlama
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 July 2020
- Procedural Posture
- Land Revision / Ruling
- Outcome
- Application granted
- Legal Topics
- Revision of Tribunal Decisions, Jurisdiction of Appellate Courts, Remedies for Irregularities, Review Vs Revision
- Source Language
- English
Case Brief
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Parties
Consensa Boneventula
Applicant
Abdallah Mlama
Respondent
Procedural Posture
Land Revision / Ruling
Legal Issues
- 1 Whether revision or review is the appropriate remedy for irregularities in tribunal decisions
- 2 Whether the DLHT erred by not quashing defective Ward Tribunal decisions
Ratio Decidendi
Review is not available to the DLHT under Cap. 216, and the irregularities in the Ward Tribunal decisions and DLHT's order can only be remedied by revision. The DLHT's failure to quash defective decisions perpetuated injustice, warranting exercise of revisional powers under section 44 (1) of Cap. 216.
Court Disposition
Application granted
Orders
- Proceedings of the DLHT quashed
- Order passed by DLHT on 4th October, 2018 set aside
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