issa iddi kauzu vs ally abdalla mkoko another 2022 tzhc 11910 24 august 2022

issa iddi kauzu vs ally abdalla mkoko another 2022 tzhc 11910 24 august 2022

The law requires all land disputes, whether concerning registered or unregistered land, to be referred to the ward tribunal for mediation before being filed in the DLHT. The absence of mediation rules does not remove this mandatory requirement. The appellant's application was premature and properly struck out for lack of a mediation certificate.

Citation
issa iddi kauzu vs ally abdalla mkoko another 2022 tzhc 11910 24 august 2022
Parties
Appellant: Issa Iddi Kauzu; 1st Respondent: Ally Abdalla Mkoko; 2nd Respondent: Al-Jumaa Mosque (Registered Trustee)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 2022
Procedural Posture
Land Appeal / Judgment on Appeal From DLHT Ruling on Preliminary Objection
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Mediation Requirement, Preliminary Objection, Land Dispute Resolution
Source Language
English
Land Law Civil Procedure Jurisdiction Mediation Requirement Preliminary Objection Land Dispute Resolution

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Parties

Issa Iddi Kauzu

Appellant

Ally Abdalla Mkoko

1st Respondent

Al-Jumaa Mosque (Registered Trustee)

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From DLHT Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the DLHT had jurisdiction to hear the application without a certificate of failed mediation from the ward tribunal
  2. 2 Whether the requirement for mediation applies to disputes over registered land

Ratio Decidendi

The law requires all land disputes, whether concerning registered or unregistered land, to be referred to the ward tribunal for mediation before being filed in the DLHT. The absence of mediation rules does not remove this mandatory requirement. The appellant's application was premature and properly struck out for lack of a mediation certificate.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs