damian kahamba and another vs ashura abdallah and another 2020 tzhc 3292 30 october 2020

damian kahamba and another vs ashura abdallah and another 2020 tzhc 3292 30 october 2020

The Tribunal's decision to declare ownership and nullify execution was a nullity due to lack of proper application, evidence, and violation of the right to be heard; proceedings were time barred and Tribunal was functus officio.

Citation
damian kahamba and another vs ashura abdallah and another 2020 tzhc 3292 30 october 2020
Parties
Appellant: Damian Kahamba; Appellant: Abdallah Muzinga; Respondent: Ashura Abdallah; Respondent: Alistides Anta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Land Case Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Objection Proceedings, Limitation of Actions, Ownership Determination, Execution of Settlement, Right to Be Heard
Source Language
English
Land Law Civil Procedure Objection Proceedings Limitation of Actions Ownership Determination Execution of Settlement Right to Be Heard

Case Brief

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Parties

Damian Kahamba

Appellant

Abdallah Muzinga

Appellant

Ashura Abdallah

Respondent

Alistides Anta

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by determining objection proceedings that were time barred
  2. 2 Whether the Tribunal erred by nullifying execution without a prayer for such relief
  3. 3 Whether the Tribunal erred by declaring ownership without proper application and evidence

Ratio Decidendi

The Tribunal's decision to declare ownership and nullify execution was a nullity due to lack of proper application, evidence, and violation of the right to be heard; proceedings were time barred and Tribunal was functus officio.

Court Disposition

appeal allowed

Orders

  • Decision and orders from Application No. 312 of 2017 quashed and proceedings set aside
  • Deed of Settlement of 31st October 2014 restored