20121024 TZHC Mwanza

20121024 TZHC Mwanza

The appeal was dismissed because the subject matter had already been conclusively determined by a competent tribunal, making the matter res judicata. The District Land and Housing Tribunal had no jurisdiction to re-determine ownership or related issues. The respondent was entitled to damages as previously ordered.

Citation
20121024 TZHC Mwanza
Parties
Appellant: Ibrahim Mujora; Respondent: Mkirya Mahimbo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2012
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Res Judicata, Ownership of Land, Damages, Contempt of Court, Jurisdiction
Source Language
English
Land Law Civil Procedure Res Judicata Ownership of Land Damages Contempt of Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ibrahim Mujora

Appellant

Mkirya Mahimbo

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain a matter already decided by a competent court
  2. 2 Whether the matter was res judicata
  3. 3 Whether the respondent was entitled to damages for destruction of property

Ratio Decidendi

The appeal was dismissed because the subject matter had already been conclusively determined by a competent tribunal, making the matter res judicata. The District Land and Housing Tribunal had no jurisdiction to re-determine ownership or related issues. The respondent was entitled to damages as previously ordered.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant to pay respondent Tshs 3,430,000 as damages for breaking the banda.
  • Appellant and Musoma Municipal Council to pay respondent a daily profit of Tshs 25,000 per day from July 25, 2006 up to the date of judgment of the District Land and Housing Tribunal.