20170912 TZHC Mwanza

20170912 TZHC Mwanza

The Ward Tribunal was improperly constituted with only three members instead of the statutory minimum of four, rendering its proceedings and judgment a nullity. Consequently, the District Land and Housing Tribunal's proceedings and judgment, being based on a nullity, are also void. The matter must be retried before a properly constituted Ward Tribunal.

Citation
20170912 TZHC Mwanza
Parties
Appellant: Grace Daudi; Respondent: Hassan Shabani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 September 2017
Procedural Posture
Land Appeal / Judgment on Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
Outcome
Proceedings and judgments of both the Ward Tribunal and District Land and Housing Tribunal quashed and set aside as nullities. Order for retrial before a properly constituted Ward Tribunal. No order as to costs.
Legal Topics
Tribunal Composition, Locus Standi, Appellate Procedure, Nullity of Proceedings
Source Language
English
Land Law Civil Procedure Tribunal Composition Locus Standi Appellate Procedure Nullity of Proceedings

Case Brief

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Parties

Grace Daudi

Appellant

Hassan Shabani

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in law and fact in its appellate decision
  2. 2 Whether the Ward Tribunal was properly constituted as required by law
  3. 3 Whether the respondent had locus standi in the appeal before the District Land and Housing Tribunal

Ratio Decidendi

The Ward Tribunal was improperly constituted with only three members instead of the statutory minimum of four, rendering its proceedings and judgment a nullity. Consequently, the District Land and Housing Tribunal's proceedings and judgment, being based on a nullity, are also void. The matter must be retried before a properly constituted Ward Tribunal.

Court Disposition

Proceedings and judgments of both the Ward Tribunal and District Land and Housing Tribunal quashed and set aside as nullities. Order for retrial before a properly constituted Ward Tribunal. No order as to costs.

Orders

  • Quash and set aside the proceedings and judgments of the Ward Tribunal and District Land and Housing Tribunal.
  • Order a retrial before a competent Ward Tribunal.