hamis kizenga vs lither kanyanga and 2 others 2022 tzhc 15830 19 december 2022

The trial tribunal erred in striking out the application for non-joinder of the sellers or administrators, as they were not necessary parties. The suit should not have been defeated on this ground. The proceedings and judgment of the tribunal are nullified and the matter is remitted for a fresh hearing.

Citation: hamis kizenga vs lither kanyanga and 2 others 2022 tzhc 15830 19 december 2022
Parties: Appellant: Hamisi Kizenga; 1st Respondent: Litherkanya; 2nd Respondent: Maneno Mashaka; 3rd Respondent: Lerani Kondowe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2022
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Joinder of Parties, Ownership of Land, Setting Aside Judgment, Remittal for Fresh Hearing
Source Language: English

Land Law Civil Procedure Joinder of Parties Ownership of Land Setting Aside Judgment Remittal for Fresh Hearing

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2

Parties

Hamisi Kizenga

Appellant

Litherkanya

1st Respondent

Maneno Mashaka

2nd Respondent

Lerani Kondowe

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether non-joinder of sellers or administrators as parties was fatal to the suit
2 Whether the trial tribunal erred in striking out the application for non-joinder of necessary parties
3 Whether the appellant proved ownership of the disputed land

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Proceedings and judgment of the District Land and Housing Tribunal for Kilosa in Application No. 2 of 2018 are nullified and set aside.
Matter remitted to the District Land and Housing Tribunal to start afresh before another Chairman and new assessors.