el nasir export import co ltd vs housing appeals tribunal another 2006 tzhc 82 12 april 2006

el nasir export import co ltd vs housing appeals tribunal another 2006 tzhc 82 12 april 2006

The Housing Appeals Tribunal acted without jurisdiction as it was disestablished before the application for stay was filed and there was no appeal pending before it; its ex parte interim order and unreasonable delay violated natural justice, rendering its proceedings and orders null and void.

Citation
el nasir export import co ltd vs housing appeals tribunal another 2006 tzhc 82 12 april 2006
Parties
Applicant: El-Nasir Export-Import Co. Ltd.; 1st Respondent: The Housing Appeals Tribunal; 2nd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 April 2006
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Certiorari and Mandamus
Outcome
Application granted
Legal Topics
Jurisdiction of Tribunals, Prerogative Orders (certiorari and Mandamus), Natural Justice, Execution of Decrees, Abuse of Court Process
Source Language
English
Administrative Law Civil Procedure Land Law Jurisdiction of Tribunals Prerogative Orders (certiorari and Mandamus) Natural Justice Execution of Decrees Abuse of Court Process

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Parties

El-Nasir Export-Import Co. Ltd.

Applicant

The Housing Appeals Tribunal

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the Housing Appeals Tribunal had jurisdiction to issue an interim order for stay of execution after its disestablishment
  2. 2 Whether the Tribunal violated rules of natural justice by unreasonable delay and ex parte proceedings
  3. 3 Whether the Tribunal could stay execution without a pending appeal

Ratio Decidendi

The Housing Appeals Tribunal acted without jurisdiction as it was disestablished before the application for stay was filed and there was no appeal pending before it; its ex parte interim order and unreasonable delay violated natural justice, rendering its proceedings and orders null and void.

Court Disposition

Application granted

Orders

  • Orders of certiorari and mandamus issued as prayed, quashing the order of the Housing Appeals Tribunal and compelling it to act within the law.
  • Costs awarded to the applicant.