20181217 TZHC Mwanza2

The proceedings and decisions of the Ward Tribunal and District Land and Housing Tribunal were declared a nullity due to failure to indicate tribunal composition (coram) on each hearing date and improper admission of evidence, which occasioned a failure of justice.

Citation: 20181217 TZHC Mwanza2
Parties: Appellant: Hidaya Selemani; 1st Respondent: Twalib Amri; 2nd Respondent: Mkoko Rajabu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 December 2018
Procedural Posture: Land Appeal / High Court Appellate Judgment
Outcome: Proceedings and decisions below declared nullity; matter remitted for retrial
Legal Topics: Nullity of Proceedings, Tribunal Composition, Admissibility of Evidence, Retrial Orders
Source Language: English

Land Law Civil Procedure Nullity of Proceedings Tribunal Composition Admissibility of Evidence Retrial Orders

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Parties

Hidaya Selemani

Appellant

Twalib Amri

1st Respondent

Mkoko Rajabu

2nd Respondent

Procedural Posture

Land Appeal / High Court Appellate Judgment

Legal Issues

1 Whether the proceedings and judgment of the Ward Tribunal and District Land and Housing Tribunal were valid given procedural irregularities
2 Whether the failure to indicate tribunal composition (coram) and proper admission of evidence rendered the proceedings a nullity

Ratio Decidendi

Court Disposition

Proceedings and decisions below declared nullity; matter remitted for retrial

Orders

Proceedings, decisions, and orders of the Ward Tribunal and District Land and Housing Tribunal are nullified
Matter to be tried de novo before a competent tribunal following proper procedures