ibrahim mzule and two others vs jesca mgonja 2023 tzhc 23514 18 december 2023
The appeal was allowed because the respondent's application before the DLHT lacked a proper description of the disputed suit land, rendering the proceedings incompetent and justifying the quashing of the DLHT's judgment and orders.
- Citation
- ibrahim mzule and two others vs jesca mgonja 2023 tzhc 23514 18 december 2023
- Parties
- Appellant: Ibrahim Mzule; Appellant: Rehema Mohammed; Appellant: Elias Chibusi; Respondent: Jesca Mgonja
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 December 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Description of Immovable Property, Appellate Review, Revisional Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ibrahim Mzule
Appellant
Rehema Mohammed
Appellant
Elias Chibusi
Appellant
Jesca Mgonja
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the suit land was properly described in the application before the District Land and Housing Tribunal
- 2 Whether the DLHT erred in law and fact in entering judgment against the appellants without proper identification of the disputed land
Ratio Decidendi
The appeal was allowed because the respondent's application before the DLHT lacked a proper description of the disputed suit land, rendering the proceedings incompetent and justifying the quashing of the DLHT's judgment and orders.
Court Disposition
appeal allowed
Orders
- Proceedings of the District Land and Housing Tribunal for Kilosa in Land Application No. 11 of 2019 quashed
- Judgment, decree and any other orders stemming therefrom set aside
Full Case Text
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