emerith mbawala vs rogers liganga 2009 tzhc 14 19 march 2009
The Primary Court lacked jurisdiction to entertain and hear the suit as the matter fell under the Land Disputes Courts Act, which vests such jurisdiction in the District Land and Housing Tribunal and excludes Magistrates Courts.
- Citation
- emerith mbawala vs rogers liganga 2009 tzhc 14 19 march 2009
- Parties
- Appellant: Emerith M Bawala; Respondent: Rogers Liganga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 March 2009
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Jurisdiction, Locus Standi, Tenancy, Rehabilitation Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emerith M Bawala
Appellant
Rogers Liganga
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Primary Court had jurisdiction to entertain the suit under the Land Disputes Act
- 2 Whether the appellant had locus standi to claim rehabilitation costs on behalf of her late husband
Ratio Decidendi
The Primary Court lacked jurisdiction to entertain and hear the suit as the matter fell under the Land Disputes Courts Act, which vests such jurisdiction in the District Land and Housing Tribunal and excludes Magistrates Courts.
Court Disposition
appeal dismissed
Orders
- No order as to costs
Full Case Text
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