20190707 TZHC Mwanza
The District Land and Housing Tribunal erred by ordering reinstitution of proceedings instead of a retrial, as only the decision of the ward tribunal was invalidated and no reasons were given against a retrial.
- Citation
- 20190707 TZHC Mwanza
- Parties
- Appellant: Karilius Okuku; Respondent: Thomas Pius
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 July 2019
- Procedural Posture
- Misc. Land Appeal / Judgment on Appeal
- Outcome
- Appeal partly allowed
- Legal Topics
- Tribunal Procedure, Remittal for Retrial, Validity of Tribunal Decisions
- Source Language
- English
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 2 Authorities cited 1 Party arguments 2
Parties
Karilius Okuku
Appellant
Thomas Pius
Respondent
Procedural Posture
Misc. Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the District Land and Housing Tribunal erred in ordering reinstitution instead of retrial after invalidating the ward tribunal's decision
- 2 Whether the parties were denied a hearing before the District Land and Housing Tribunal's decision
Ratio Decidendi
The District Land and Housing Tribunal erred by ordering reinstitution of proceedings instead of a retrial, as only the decision of the ward tribunal was invalidated and no reasons were given against a retrial.
Court Disposition
Appeal partly allowed
Orders
- Order for reinstitution of proceedings set aside
- File remitted to the ward tribunal for retrial before a different panel
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment