20170510 TZHC Mbeya
The appeal is meritorious because the District Land and Housing Tribunal erred in striking out the application without determining it on its merits. The order to strike out is quashed and the matter is remitted for determination on merits.
- Citation
- 20170510 TZHC Mbeya
- Parties
- Appellant: Gabriel Mwingajege; Respondent: Exavery Maimu Bungu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 May 2017
- Procedural Posture
- Land Appeal / Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Appeal Procedure, Striking Out Applications, Remittal for Determination on Merits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gabriel Mwingajege
Appellant
Exavery Maimu Bungu
Respondent
Procedural Posture
Land Appeal / Appeal Judgment
Legal Issues
- 1 Whether the District Land and Housing Tribunal erred in striking out the application without determining it on merits
Ratio Decidendi
The appeal is meritorious because the District Land and Housing Tribunal erred in striking out the application without determining it on its merits. The order to strike out is quashed and the matter is remitted for determination on merits.
Court Disposition
Appeal allowed
Orders
- District Land and Housing Tribunal's order striking out the application is quashed
- Trial record returned to the District Land and Housing Tribunal for determination on merits
Full Case Text
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