jibe makoti vs angetile mwalweje 2014 tzhc 2403 16 june 2014

jibe makoti vs angetile mwalweje 2014 tzhc 2403 16 june 2014

The appeal is incompetent as the appellant failed to exhaust the procedure in the District Land and Housing Tribunal; the Ward Tribunal's decision was not challenged and remains intact. The High Court cannot entertain an appeal directly from the Ward Tribunal.

Citation
jibe makoti vs angetile mwalweje 2014 tzhc 2403 16 june 2014
Parties
Applicant: Jibe Makoti; Respondent: Angettle Mwalwaje
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 2014
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out with costs
Legal Topics
Appeals, Preliminary Objection, Ex Parte Judgment, Procedural Exhaustion, Limitation Periods
Source Language
English
Land Law Civil Procedure Appeals Preliminary Objection Ex Parte Judgment Procedural Exhaustion Limitation Periods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jibe Makoti

Applicant

Angettle Mwalwaje

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed prematurely without exhausting remedies in the District Land and Housing Tribunal
  2. 2 Whether the appeal was filed out of time

Ratio Decidendi

The appeal is incompetent as the appellant failed to exhaust the procedure in the District Land and Housing Tribunal; the Ward Tribunal's decision was not challenged and remains intact. The High Court cannot entertain an appeal directly from the Ward Tribunal.

Court Disposition

Appeal struck out with costs

Orders

  • Appeal struck out
  • Costs awarded to respondent