edgar mugisha augustine vs domina projestus 2021 tzhc 3879 29 june 2021

The absence of a clear description of the land in dispute renders the proceedings and decisions of the Ward Tribunal and District Land and Housing Tribunal invalid.

Citation: edgar mugisha augustine vs domina projestus 2021 tzhc 3879 29 june 2021
Parties: Appellant: Edgar Mugisha Augustine; Respondent: Domina Projestus
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 June 2021
Procedural Posture: Miscellaneous Land Case Appeal / Judgment on Appeal After District Land and Housing Tribunal and Ward Tribunal Decisions
Outcome: Appeal allowed. Proceedings and decisions of lower tribunals quashed and set aside. No order as to costs.
Legal Topics: Land Description, Jurisdiction, Procedural Fairness
Source Language: English

Land Law Land Description Jurisdiction Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Edgar Mugisha Augustine

Appellant

Domina Projestus

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal After District Land and Housing Tribunal and Ward Tribunal Decisions

Legal Issues

1 Whether the failure to describe the land in dispute with certainty invalidates the proceedings and decisions of the lower tribunals

Ratio Decidendi

The absence of a clear description of the land in dispute renders the proceedings and decisions of the Ward Tribunal and District Land and Housing Tribunal invalid.

Court Disposition

Appeal allowed. Proceedings and decisions of lower tribunals quashed and set aside. No order as to costs.

Orders

Decisions and proceedings in Land Appeal No. 72 of 2019 and Civil Case No. Ill of 2018 quashed and set aside.
Each party to bear its own costs.