jacob mathube vs nashoni sum 2021 tzhc 2772 31 march 2021
Failure to properly record and incorporate evidence from the locus in quo visit vitiated the proceedings of the trial tribunal and the appellate tribunal, requiring nullification of both.
- Citation
- jacob mathube vs nashoni sum 2021 tzhc 2772 31 march 2021
- Parties
- Appellant: Jacob Mathube; Respondent: Nashoni Sum
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 March 2021
- Procedural Posture
- Miscellaneous Land Appeal / Second Appeal
- Outcome
- proceedings nullified
- Legal Topics
- Locus in Quo Procedure, Tribunal Proceedings, Nullification of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Parties
Jacob Mathube
Appellant
Nashoni Sum
Respondent
Procedural Posture
Miscellaneous Land Appeal / Second Appeal
Legal Issues
- 1 Whether failure to properly record proceedings at locus in quo vitiates tribunal decision
- 2 Whether the appellate tribunal erred in declaring ownership to a non-party
- 3 Whether evidence and historical background of disputed land were properly considered
Ratio Decidendi
Failure to properly record and incorporate evidence from the locus in quo visit vitiated the proceedings of the trial tribunal and the appellate tribunal, requiring nullification of both.
Court Disposition
proceedings nullified
Orders
- Proceedings of Raranya Ward Tribunal in Application No. 18 of 2018 and District Land and Housing Tribunal for Tarime in Land Appeal No. 147 of 2018 are nullified.
- Judgments and orders of both tribunals quashed and set aside.
Full Case Text
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