hadija kido

hadija kido

The proceedings before the DLHT were vitiated because the powers of attorney were not registered under the correct law for registered land, resulting in lack of locus standi for the parties. This procedural illegality nullified the entire proceedings and judgment of the DLHT.

Citation
hadija kido
Parties
Appellant: Hadija Kido; 1st Respondent: Salma Mohamed; 2nd Respondent: Zulfa Kikoko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed to the extent of nullification of DLHT proceedings and judgment.
Legal Topics
Locus Standi, Power of Attorney, Jurisdiction, Registration of Land, Procedural Irregularities
Source Language
English
Land Law Civil Procedure Locus Standi Power of Attorney Jurisdiction Registration of Land Procedural Irregularities

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Parties

Hadija Kido

Appellant

Salma Mohamed

1st Respondent

Zulfa Kikoko

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the powers of attorney used in the DLHT proceedings were validly registered under the correct law
  2. 2 Whether the parties had locus standi before the DLHT
  3. 3 Whether the DLHT proceedings were vitiated by procedural irregularities

Ratio Decidendi

The proceedings before the DLHT were vitiated because the powers of attorney were not registered under the correct law for registered land, resulting in lack of locus standi for the parties. This procedural illegality nullified the entire proceedings and judgment of the DLHT.

Court Disposition

Appeal allowed to the extent of nullification of DLHT proceedings and judgment.

Orders

  • Entire proceedings of the DLHT in Land Application No. 56 of 2018 nullified.
  • Judgment and decree of the DLHT quashed and set aside.