frolensi kasingapo vs raphael kabondoma 2016 tzhc 2152 27 april 2016

frolensi kasingapo vs raphael kabondoma 2016 tzhc 2152 27 april 2016

The proceedings of both the Ward Tribunal and the District Land and Housing Tribunal were so saturated with illegalities and procedural irregularities that their judgments and decrees are nullities and cannot stand.

Citation
frolensi kasingapo vs raphael kabondoma 2016 tzhc 2152 27 april 2016
Parties
Appellant: Frolensi Kasingapo; Respondent: Raphael Kabondoma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2016
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome
proceedings and decisions of both tribunals nullified and declared void
Legal Topics
Tribunal Procedure, Nullity of Proceedings, Composition of Tribunal, Probate and Land Disputes
Source Language
English

Case Brief

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Parties

Frolensi Kasingapo

Appellant

Raphael Kabondoma

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

  1. 1 Whether the Ward Tribunal's decision was valid given procedural irregularities
  2. 2 Whether the District Land and Housing Tribunal's reversal was proper

Ratio Decidendi

The proceedings of both the Ward Tribunal and the District Land and Housing Tribunal were so saturated with illegalities and procedural irregularities that their judgments and decrees are nullities and cannot stand.

Court Disposition

proceedings and decisions of both tribunals nullified and declared void

Orders

  • All proceedings of the Ward Tribunal and District Land and Housing Tribunal are nullified and declared void.
  • Parties may file a fresh suit in a competent court.