hadija michael vs rahma a nzungi 2024 tzhc 287 19 february 2024
The Ward Tribunal was not properly constituted as required by law, with inconsistent quorum and lack of gender specification, rendering its proceedings and decision a nullity and depriving it of jurisdiction to try the case. The District Land and Housing Tribunal failed to address this illegality. The amendment to...
Source-derived case information.
- Citation
- hadija michael vs rahma a nzungi 2024 tzhc 287 19 february 2024
- Parties
- Appellant: Hadija Michael; Respondent: Rahma A. Nzungi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2024
- Procedural Posture
- Land Appeal / Judgment on Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
- Outcome
- Appeal allowed in part; proceedings and decisions of both District Land and Housing Tribunal and Ward Tribunal quashed and set aside.
- Legal Topics
- Tribunal Composition, Jurisdiction, Retrospective Application of Law, Procedural Irregularity
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hadija Michael
Appellant
Rahma A. Nzungi
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
Legal Issues
- 1 Whether the Ward Tribunal was properly constituted as required by law
- 2 Whether the Ward Tribunal had jurisdiction to pronounce judgment after the amendment of the law
Ratio Decidendi
The Ward Tribunal was not properly constituted as required by law, with inconsistent quorum and lack of gender specification, rendering its proceedings and decision a nullity and depriving it of jurisdiction to try the case. The District Land and Housing Tribunal failed to address this illegality. The amendment to the law did not retrospectively affect the case since substantive justice had been reached before the amendment's publication.
Court Disposition
Appeal allowed in part; proceedings and decisions of both District Land and Housing Tribunal and Ward Tribunal quashed and set aside.
Orders
- Proceedings and decisions of District Land and Housing Tribunal and Kileo Ward Tribunal quashed and set aside.
- Parties at liberty to refer dispute to a competent tribunal.
Full Case Text
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