ibrahimu waziri vs gasper mrope 2022 tzhclandd 12498 4 november 2022

ibrahimu waziri vs gasper mrope 2022 tzhclandd 12498 4 november 2022

The DLHT exceeded its jurisdiction by assuming revisionary powers during execution proceedings and quashing the decree, and its failure to accord parties the right to be heard on an issue raised suo motu vitiated the proceedings.

Citation
ibrahimu waziri vs gasper mrope 2022 tzhclandd 12498 4 november 2022
Parties
Applicant: Ibrahimu Waziri; Respondent: Gasper Mrope
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 November 2022
Procedural Posture
Land Revision / Ruling
Outcome
application allowed
Legal Topics
Execution Proceedings, Natural Justice, Right to Be Heard, Jurisdiction of Executing Court
Source Language
English
Land Law Civil Procedure Execution Proceedings Natural Justice Right to Be Heard Jurisdiction of Executing Court

Case Brief

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Parties

Ibrahimu Waziri

Applicant

Gasper Mrope

Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether the executing court can assume appellate and revisionary jurisdiction and quash the decree sought to be executed
  2. 2 Whether failure to accord parties the right to be heard on an issue raised suo motu vitiates the proceedings

Ratio Decidendi

The DLHT exceeded its jurisdiction by assuming revisionary powers during execution proceedings and quashing the decree, and its failure to accord parties the right to be heard on an issue raised suo motu vitiated the proceedings.

Court Disposition

application allowed

Orders

  • The District Land and Housing Tribunal proceedings for Temeke in Misc. Application No. 219 of 2020 are quashed.
  • The resultant ruling is set aside.