19911029 TZCA Arusha
The High Court lacked jurisdiction to hear the suit as proceedings were wrongly commenced before it; all proceedings and orders are null and void.
- Citation
- 19911029 TZCA Arusha
- Parties
- Appellants: Tito Sitoro and 7 Others; Respondents: Matinya Sentiyu and 4 Others; Amicus Curiae: Deputy Attorney-General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 October 1991
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- proceedings declared null and void for want of jurisdiction; appeal disposed
- Legal Topics
- Jurisdiction, Land Recovery, Cooperative Societies, Constitutional Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tito Sitoro and 7 Others
Appellants
Matinya Sentiyu and 4 Others
Respondents
Deputy Attorney-General
Amicus Curiae
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the High Court had jurisdiction to hear the suit involving unsurveyed land
- 2 Whether the appellants could recover land contributed to a cooperative society upon resignation
- 3 Whether the society's constitution violated basic constitutional rights
Ratio Decidendi
The High Court lacked jurisdiction to hear the suit as proceedings were wrongly commenced before it; all proceedings and orders are null and void.
Court Disposition
proceedings declared null and void for want of jurisdiction; appeal disposed
Orders
- All proceedings and orders set aside
- Parties to bear their own costs in this Court and the Court below
Full Case Text
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