edina mazengo vs alfred lembile 2017 tzhc 2290 21 august 2017

AT DODOMA (APPELLATE JURISDICTION) MISC. LAND CASE APPEAL NO. 09 OF 2017 (Arising from D istrict Land and Housing Tribunal at Dodoma in Land Case Appeal No. 142 o f 2016 Originated from Land Case in Mkonze Ward Tribunal) EDINA MAZENGO............................................................ APPELLANT

VERSUS ALFRED LEMBILE..................................................... ...RESPONDENT

JUDGMENT 10/7 & 21/8/2017 KWARIKO. J. The appellant herein successfully filed a suit against the respondent herein claiming farm land before the Ward Tribunal of Mkonze. However, the respondent on being aggrieved by that decision he won an appeal before the District Land and Housing Tribunal of Dodoma, whereas the appellant brought this appeal against that decision. This appeal was leard whereas the court also asked the parties to address one legal issue whether composition of member of the Ward Tribunal was shown during trial. Addressing the posed legal issue the appellant submitted that he knew that list of members of the Ward Tribunal was shown. Whereas the respondent said he did not know if the list of members was shown before the Ward Tribunal. On its parts this court has found that the Ward Tribunal did not list its members on 29/8/2016 and 30/8/2016 when it heard the case. No list was shown when the Ward Tribunal visited the locus in quo on 30/8/2016. The list of members of that tribunal is seen on 16/9/2016 when judgment was given. For the following this court finds that it would be impossible to know whether during hearing the members of the tribunal were not less than four no more than eight; and whether there was women among them as required under section 11 of the Land Disputes Courts Act [CAP 216 R.E. 2002]. Also the absence of list of members makes it impossible

to know whether those heard the case were the same who decided it. This court is therefore of the considered view that the foregoing irregularity was fatal which vitiated the proceedings. Henceforth, by this court's revision powers envisaged under section 43 (1) (b) of the Land Disputes Courts Act (supra) those proceedings are declared null and are quashed. Likewise, the appeal proceedings before the District Land and Housing of Dodoma which originated in the null proceedings are nullified and quashed. As for this appeal, having originated in the null proceedings lacks base within which to stand and cannot be decided on merit. It is struck out. Though, for the interest of justice it is ordered that this case be heard afresh before the Ward Tribunal according to law. It is so ordered. C M.A

JUDGE 21/8/2017 DATED at DODOMA this 21st day of August, 2017 Date :21/08/2017 Coram : Hon. M.A. Kwariko, J. Appellant: Present Respondent: Present C/c : R. A. Mahamoud Appellant: I am ready for judgment. Respondent: I am also ready. Court: Judgment delivered in court today in the presence of both parties and Mr. Mahmoud Court Clerk. Court: Right of Appeal Explained.

JUDGE 21/8/2017