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
Summary, issues, holding and outcome
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Parties
Frolensi Kasingapo
Appellant
Raphael Kabondoma
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Ward Tribunal's decision was valid given procedural irregularities
- 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.
Full Case Text
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