daniel lazaro vs alex elias jonatal 2023 tzhc 22357 31 october 2023

The Kisongo Ward Tribunal lacked pecuniary jurisdiction as the value of the disputed land and developments exceeded the statutory limit; proceedings and decisions below are quashed.

Citation: daniel lazaro vs alex elias jonatal 2023 tzhc 22357 31 october 2023
Parties: Appellant: Daniel Lazaro; Respondent: Alex Elias Jonatal
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 October 2023
Procedural Posture: Land Appeal / Judgment
Outcome: proceedings and decisions quashed and set aside
Legal Topics: Pecuniary Jurisdiction, Ward Tribunal Jurisdiction, Quashing of Proceedings
Source Language: English

Land Law Civil Procedure Pecuniary Jurisdiction Ward Tribunal Jurisdiction Quashing of Proceedings

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Parties

Daniel Lazaro

Appellant

Alex Elias Jonatal

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the Kisongo Ward Tribunal had pecuniary jurisdiction to determine the land dispute
2 Whether the proceedings and decisions of the tribunals below are valid

Ratio Decidendi

The Kisongo Ward Tribunal lacked pecuniary jurisdiction as the value of the disputed land and developments exceeded the statutory limit; proceedings and decisions below are quashed.

Court Disposition

proceedings and decisions quashed and set aside

Orders

Parties at liberty to institute dispute before competent court
If filed in District Land and Housing Tribunal of Arusha, dispute to be heard by another chairperson other than Ms. Kagaruki-Esq.