20180731 TZHC Dodoma
The Ward Tribunal's failure to record the members present during hearings constituted a fatal irregularity contrary to section 14(1) of the Land Disputes Courts Act, warranting nullification of its proceedings and decision.
- Citation
- 20180731 TZHC Dodoma
- Parties
- Appellant: Hemedi Haruna; Respondent: Tito Bonefesi Tula
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 July 2018
- Procedural Posture
- Miscellaneous Land Case Appeal / Second Appeal Before High Court
- Outcome
- appeal allowed
- Legal Topics
- Ward Tribunal Procedure, Natural Justice, Composition of Tribunal, Fair Hearing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hemedi Haruna
Appellant
Tito Bonefesi Tula
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal Before High Court
Legal Issues
- 1 whether the Ward Tribunal conducted a fair hearing
- 2 whether the Ward Tribunal complied with statutory composition requirements
- 3 whether documentary evidence was properly considered
Ratio Decidendi
The Ward Tribunal's failure to record the members present during hearings constituted a fatal irregularity contrary to section 14(1) of the Land Disputes Courts Act, warranting nullification of its proceedings and decision.
Court Disposition
appeal allowed
Orders
- Ward Tribunal's proceedings and decision nullified
- 1st appellate tribunal's proceedings, judgment, and ancillary orders set aside
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