20121011 TZHC Dar es Salaam

20121011 TZHC Dar es Salaam

The Kinyerezi Ward Tribunal was properly constituted as the law does not require three women at every sitting, only among the total membership. The Tribunal was correct to determine ownership as the trespass complaint involved boundary and ownership issues. The Land officer was not an agent of the appellant but acted independently upon being approached by both parties.

Citation
20121011 TZHC Dar es Salaam
Parties
Appellant: Issack E. Minja; Respondent: Aisha Mwasanila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 October 2012
Procedural Posture
Land Appeal / Judgment on Second Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
Ward Tribunal Constitution, Ownership Dispute, Trespass, Agency of Land Officer
Source Language
English
Land Law Ward Tribunal Constitution Ownership Dispute Trespass Agency of Land Officer

Case Brief

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Parties

Issack E. Minja

Appellant

Aisha Mwasanila

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the Kinyerezi Ward Tribunal was properly constituted under section 11 of Act No. 2
  2. 2 Whether the Ward Tribunal erred by deciding on ownership when the dispute was about uprooting of beacons
  3. 3 Whether the Land officer was an agent of the appellant

Ratio Decidendi

The Kinyerezi Ward Tribunal was properly constituted as the law does not require three women at every sitting, only among the total membership. The Tribunal was correct to determine ownership as the trespass complaint involved boundary and ownership issues. The Land officer was not an agent of the appellant but acted independently upon being approached by both parties.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.