jacob lemanya vs village chairman hombolo makulu village another 2016 tzhc 2058 6 december 2016

The Tribunal's failure to invite parties to address issues of time limitation and locus standi constituted a denial of the right to be heard, vitiating the ruling and order.

Citation: jacob lemanya vs village chairman hombolo makulu village another 2016 tzhc 2058 6 december 2016
Parties: Appellant: Jacob Lemanya; 1st Respondent: Village Chairman Hombolo Makulu Village; 2nd Respondent: Registered Trustees of Catholic Diocese of Dodoma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 December 2016
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Right to Be Heard, Natural Justice, Locus Standi, Time Limitation, Legal Entity Status
Source Language: English

Land Law Constitutional Law Civil Procedure Right to Be Heard Natural Justice Locus Standi Time Limitation Legal Entity Status

Case Brief

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Parties

Jacob Lemanya

Appellant

Village Chairman Hombolo Makulu Village

1st Respondent

Registered Trustees of Catholic Diocese of Dodoma

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal denied parties the right to be heard on issues of time limitation and locus standi
2 Whether the 1st respondent is a legal entity capable of being sued

Ratio Decidendi

The Tribunal's failure to invite parties to address issues of time limitation and locus standi constituted a denial of the right to be heard, vitiating the ruling and order.

Court Disposition

appeal allowed

Orders

Ruling and drawn order of the District Land and Housing Tribunal dated 22nd March 2016 declared null and void
Ruling and order quashed and set aside