edward kubingwa vs matrida a pima 2021 tzca 662 5 november 2021

The Ward Tribunal was not properly constituted as required by law, having only three members and no women, thus lacking jurisdiction. Consequently, the proceedings and resulting decisions of the Ward Tribunal, DLHT, and High Court are null and void and must be quashed and set aside.

Citation: edward kubingwa vs matrida a pima 2021 tzca 662 5 november 2021
Parties: Appellant: Edward Kubingwa; Respondent: Matrida A. Pima
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 November 2021
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: proceedings and judgments quashed and set aside
Legal Topics: Ward Tribunal Composition, Jurisdiction, Nullity of Proceedings, Gender Representation in Tribunals
Source Language: English

Civil Procedure Land Law Ward Tribunal Composition Jurisdiction Nullity of Proceedings Gender Representation in Tribunals

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Parties

Edward Kubingwa

Appellant

Matrida A. Pima

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the Ward Tribunal was properly constituted in accordance with section 11 of the Land Disputes Courts Act
2 Whether the decisions of the Ward Tribunal, District Land and Housing Tribunal, and High Court are nullities due to improper composition

Ratio Decidendi

Court Disposition

proceedings and judgments quashed and set aside

Orders

Proceedings of the Ward Tribunal, DLHT, and High Court quashed and judgments set aside.
No order as to costs.