20160523 TZHC Mwanza

20160523 TZHC Mwanza

The proceedings and orders of the trial tribunal are a nullity because the appellant lacked locus standi, not having letters of administration, and the tribunal failed to record assessors' opinions and findings from the locus in quo.

Citation
20160523 TZHC Mwanza
Parties
Appellant: Kagera Karani; 1st Respondent: Philemon Makonyera; 2nd Respondent: Bupandwa Nhela Village Government
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 2016
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed; proceedings and orders of the trial tribunal quashed and set aside as a nullity.
Legal Topics
Locus Standi, Letters of Administration, Recording of Assessors' Opinions, Visitation of Locus in Quo, Nullity of Proceedings
Source Language
English
Land Law Civil Procedure Locus Standi Letters of Administration Recording of Assessors' Opinions Visitation of Locus in Quo Nullity of Proceedings

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kagera Karani

Appellant

Philemon Makonyera

1st Respondent

Bupandwa Nhela Village Government

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the trial tribunal erred in law by failing to record assessors' opinions and findings from locus in quo
  2. 2 Whether the appellant had locus standi to institute the suit
  3. 3 Whether the proceedings and orders of the trial tribunal are a nullity

Ratio Decidendi

The proceedings and orders of the trial tribunal are a nullity because the appellant lacked locus standi, not having letters of administration, and the tribunal failed to record assessors' opinions and findings from the locus in quo.

Court Disposition

Appeal allowed; proceedings and orders of the trial tribunal quashed and set aside as a nullity.

Orders

  • All proceedings and orders of the trial tribunal are quashed and set aside.
  • Liberty to file afresh in appropriate tribunal or court with proper authority as administrator, subject to limitation of time.