firidion marco vs bahati faustine 2023 tzhc 18681 30 june 2023

The Ward Tribunal was not properly constituted as the record did not show the coram or involvement of members during the hearing, rendering the proceedings a nullity for want of proper composition.

Citation: firidion marco vs bahati faustine 2023 tzhc 18681 30 june 2023
Parties: Appellant: Firidolin Marco; Respondent: Bahati Faustin E.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 June 2023
Procedural Posture: Land Appeal / Judgment on Second Appeal
Outcome: Appeal allowed
Legal Topics: Ward Tribunal Composition, Quorum Requirements, Procedural Irregularity, Appeals Process
Source Language: English

Land Law Civil Procedure Ward Tribunal Composition Quorum Requirements Procedural Irregularity Appeals Process

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

Firidolin Marco

Appellant

Bahati Faustin E.

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the Ward Tribunal was properly constituted in accordance with the law
2 Whether failure to record the coram and involvement of members invalidates the proceedings
3 Whether the lower tribunals' findings should be disturbed on appeal

Ratio Decidendi

The Ward Tribunal was not properly constituted as the record did not show the coram or involvement of members during the hearing, rendering the proceedings a nullity for want of proper composition.

Court Disposition

Appeal allowed

Orders

Proceedings of the lower courts are nullified
Judgment and orders of the lower courts are set aside