eliyakessia n summary vs piniel lenumbe summary and another 2021 tzhc 6793 29 october 2021

eliyakessia n summary vs piniel lenumbe summary and another 2021 tzhc 6793 29 october 2021

The successor chairperson's failure to record reasons for taking over the case from the predecessor rendered the proceedings, judgment, and decree from 02/03/2017 a nullity for lack of jurisdiction.

Citation
eliyakessia n summary vs piniel lenumbe summary and another 2021 tzhc 6793 29 october 2021
Parties
Appellant: Eliyakessia N. Summary; 1st Respondent: Piniel Lenumbe Summary; 2nd Respondent: Apael Ndelilio
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed to the extent of procedural irregularity; proceedings, judgment, and decree from 02/03/2017 nullified.
Legal Topics
Change of Adjudicator, Jurisdiction, Nullity of Proceedings, Retrial, Ownership of Land
Source Language
English
Land Law Civil Procedure Change of Adjudicator Jurisdiction Nullity of Proceedings Retrial Ownership of Land

Case Brief

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Parties

Eliyakessia N. Summary

Appellant

Piniel Lenumbe Summary

1st Respondent

Apael Ndelilio

2nd Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the successor chairperson could lawfully proceed without assigning reasons for the change from the predecessor
  2. 2 Whether the proceedings, judgment, and decree after 02/03/2017 are a nullity due to procedural irregularity

Ratio Decidendi

The successor chairperson's failure to record reasons for taking over the case from the predecessor rendered the proceedings, judgment, and decree from 02/03/2017 a nullity for lack of jurisdiction.

Court Disposition

Appeal allowed to the extent of procedural irregularity; proceedings, judgment, and decree from 02/03/2017 nullified.

Orders

  • Proceedings, judgment, and decree from 02/03/2017 are nullified.
  • Order for retrial before another successor chairperson from the stage where Hon. Wagine ended.