karori chogoro vs waitihache merengo 2022 tzca 83 1 march 2022

karori chogoro vs waitihache merengo 2022 tzca 83 1 march 2022

The Tribunal Chairman became functus officio after ordering a retrial in Appeal No. 236 of 2014 and lacked jurisdiction to entertain Land Case No. 93 of 2015 between the same parties and subject matter. The subsequent proceedings and decisions in Land Case No. 93 of 2015 and Land Appeal No. 70 of 2016 were nullities due to non-compliance with the retrial order and the operation of res sub judice. The Court exercised its revisional powers to nullify and quash all such proceedings and orders.

Citation
karori chogoro vs waitihache merengo 2022 tzca 83 1 march 2022
Parties
Appellant: Karori Chogoro; Respondent: Waitihache Merengo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; proceedings and decisions below nullified and quashed
Legal Topics
Res Sub Judice, Functus Officio, Compliance With Court Orders, Jurisdiction of Tribunals, Revisionary Powers
Source Language
English
Civil Procedure Land Law Res Sub Judice Functus Officio Compliance With Court Orders Jurisdiction of Tribunals Revisionary Powers

Case Brief

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Parties

Karori Chogoro

Appellant

Waitihache Merengo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal erred by proceeding with Land Case No. 93 of 2015 despite a pending order for retrial in Appeal No. 236 of 2014
  2. 2 Whether the subsequent proceedings and decisions were nullities due to non-compliance with the retrial order
  3. 3 Whether the Ward Tribunal retains jurisdiction after statutory amendments

Ratio Decidendi

The Tribunal Chairman became functus officio after ordering a retrial in Appeal No. 236 of 2014 and lacked jurisdiction to entertain Land Case No. 93 of 2015 between the same parties and subject matter. The subsequent proceedings and decisions in Land Case No. 93 of 2015 and Land Appeal No. 70 of 2016 were nullities due to non-compliance with the retrial order and the operation of res sub judice. The Court exercised its revisional powers to nullify and quash all such proceedings and orders.

Court Disposition

appeal allowed; proceedings and decisions below nullified and quashed

Orders

  • Proceedings in Land Case No. 93 of 2015 and Land Appeal No. 70 of 2016 are nullified and quashed; orders set aside.
  • Records in Application No. 9 of 2014 to be remitted to Buswahili Ward Tribunal for compliance with the Tribunal order dated 28th May, 2015 in Appeal No. 236 of 2014.