john mjema vs shamsa salum 2010 tzhclandd 3 16 december 2010

john mjema vs shamsa salum 2010 tzhclandd 3 16 december 2010

The Tribunal's decision to entertain and grant an oral application for restoration of possession without a formal application and without hearing the other party was irregular, violated the principles of natural justice, and was not in accordance with the applicable procedural laws.

Source-derived case information.

Citation
john mjema vs shamsa salum 2010 tzhclandd 3 16 december 2010
Parties
Applicant: John Mjema; Respondent: Shamsa Salum
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 December 2010
Procedural Posture
Land Case Revision / High Court Revision of District Land and Housing Tribunal Decision
Outcome
Ruling and orders of the District Land and Housing Tribunal quashed; trial to proceed before a different Chairman and set of assessors; no order as to costs.
Legal Topics
Eviction, Restoration of Possession, Natural Justice, Summary Procedure, Locus Standi
Source Language
english
Land Law Civil Procedure Eviction Restoration of Possession Natural Justice Summary Procedure Locus Standi

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Summary, issues, holding and outcome

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Parties

John Mjema

Applicant

Shamsa Salum

Respondent

Procedural Posture

Land Case Revision / High Court Revision of District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was properly moved to grant restoration of possession via oral application
  2. 2 Whether the Tribunal's ex parte order violated principles of natural justice
  3. 3 Whether proper procedure was followed under the Civil Procedure Code and Land Disputes Courts Regulations

Ratio Decidendi

The Tribunal's decision to entertain and grant an oral application for restoration of possession without a formal application and without hearing the other party was irregular, violated the principles of natural justice, and was not in accordance with the applicable procedural laws.

Court Disposition

Ruling and orders of the District Land and Housing Tribunal quashed; trial to proceed before a different Chairman and set of assessors; no order as to costs.

Orders

  • Ruling and orders made and delivered on 26 May 2009 quashed.
  • Trial to proceed before a different Chairman and set of assessors.