john thomas vs kam commercial service 2 others 2023 tzhclandd 16938 26 september 2023

john thomas vs kam commercial service 2 others 2023 tzhclandd 16938 26 september 2023

The application is incompetent because the matter did not originate from the Ward Tribunal but from the District Land and Housing Tribunal; section 47(3) does not apply.

Citation
john thomas vs kam commercial service 2 others 2023 tzhclandd 16938 26 september 2023
Parties
Applicant: John Thomas; 1st Respondent: KAM Commercial Service; 2nd Respondent: Nasoro Athman Zonzo; 3rd Respondent: Registered Trustees of Ashura Foundation
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed as incompetent
Legal Topics
Certificate on Point of Law, Jurisdiction, Execution of Decree, Registry Defects
Source Language
English
Land Law Civil Procedure Certificate on Point of Law Jurisdiction Execution of Decree Registry Defects

Case Brief

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Parties

John Thomas

Applicant

KAM Commercial Service

1st Respondent

Nasoro Athman Zonzo

2nd Respondent

Registered Trustees of Ashura Foundation

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for certificate on point of law is competent under section 47(3) of the Land Disputes Court Act
  2. 2 Whether the matter originated from the Ward Tribunal or District Land and Housing Tribunal
  3. 3 Whether filing in the wrong registry constitutes an incurable defect

Ratio Decidendi

The application is incompetent because the matter did not originate from the Ward Tribunal but from the District Land and Housing Tribunal; section 47(3) does not apply.

Court Disposition

Application dismissed as incompetent

Orders

  • Preliminary objection sustained
  • Application struck out