johnson leonard mahururu versus oresto alphonce maskini and two others 2022 tzhclandd 15724 31 october 2022

johnson leonard mahururu versus oresto alphonce maskini and two others 2022 tzhclandd 15724 31 october 2022

Failure to join Attorney General in proceedings against Kinondoni Municipal Council rendered the Tribunal's proceedings incompetent; the Tribunal's decision is quashed and set aside for procedural irregularity.

Citation
johnson leonard mahururu versus oresto alphonce maskini and two others 2022 tzhclandd 15724 31 october 2022
Parties
Applicant: Johnson Leonard Mahururu; Applicant: Msafiri Hassan Mkumba (as Administrator Estate of the late Hassan Mohamed Mkumba); Respondent: Oresto Alphonce Maskini; Respondent: Kinondoni Municipal Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 October 2022
Procedural Posture
Land Revision / Ruling
Outcome
Application struck out for incompetence due to procedural defect.
Legal Topics
Revision, Joinder of Parties, Government Proceedings, Procedural Irregularity
Source Language
English
Land Law Civil Procedure Revision Joinder of Parties Government Proceedings Procedural Irregularity

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Parties

Johnson Leonard Mahururu

Applicant

Msafiri Hassan Mkumba (as Administrator Estate of the late Hassan Mohamed Mkumba)

Applicant

Oresto Alphonce Maskini

Respondent

Kinondoni Municipal Council

Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether applicants not party to trial Tribunal have right to file Revision
  2. 2 Whether application is proper without joining Attorney General as necessary party

Ratio Decidendi

Failure to join Attorney General in proceedings against Kinondoni Municipal Council rendered the Tribunal's proceedings incompetent; the Tribunal's decision is quashed and set aside for procedural irregularity.

Court Disposition

Application struck out for incompetence due to procedural defect.

Orders

  • Tribunal's findings quashed and set aside.
  • Each party to bear their own costs.