edina manyinyi vs donati o swala 2023 tzhc 19813 31 july 2023

edina manyinyi vs donati o swala 2023 tzhc 19813 31 july 2023

The trial tribunal was properly constituted with four members, satisfying statutory requirements. The appellant was not wrongly sued, as the administratrix of the estate transferred the case to her before the tribunal. The appeal lacks merit and is dismissed.

Source-derived case information.

Citation
edina manyinyi vs donati o swala 2023 tzhc 19813 31 july 2023
Parties
Appellant: Edina Manyinyi; Respondent: Donati O. Swala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2023
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Tribunal Composition, Party Locus Standi, Pleadings, Administration of Estate
Source Language
english
Land Law Tribunal Composition Party Locus Standi Pleadings Administration of Estate

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Parties

Edina Manyinyi

Appellant

Donati O. Swala

Respondent

Procedural Posture

Land Appeal / Second Appeal

  1. 1 Whether the trial tribunal was properly constituted as per statutory requirements
  2. 2 Whether the appellant was a proper party to be sued

Ratio Decidendi

The trial tribunal was properly constituted with four members, satisfying statutory requirements. The appellant was not wrongly sued, as the administratrix of the estate transferred the case to her before the tribunal. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • Decision of Ward Tribunal and District Land and Housing Tribunal upheld
  • No order as to costs due to respondent's absence