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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edina Manyinyi
Appellant
Donati O. Swala
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 Whether the trial tribunal was properly constituted as per statutory requirements
- 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
Full Case Text
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