kassim farouq others vs ally hamad nassor 2012 tzhc 100 2 november 2012

kassim farouq others vs ally hamad nassor 2012 tzhc 100 2 november 2012

The appeal is incompetent because the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment before appealing to the High Court. The existence of parallel proceedings renders the Ward Tribunal's judgment a nullity.

Source-derived case information.

Citation
kassim farouq others vs ally hamad nassor 2012 tzhc 100 2 november 2012
Parties
Appellant: Kassim Farouq; Appellant: Mwamvua Shaabani; Appellant: Chiku Farouq; Respondent: Ally Hamad Nassor
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 2012
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Orders, Parallel Proceedings, Jurisdiction of Tribunals
Source Language
english
Land Law Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Orders Parallel Proceedings Jurisdiction of Tribunals

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Summary, issues, holding and outcome

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Parties

Kassim Farouq

Appellant

Mwamvua Shaabani

Appellant

Chiku Farouq

Appellant

Ally Hamad Nassor

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an appeal lies to the High Court against an ex parte judgment of the District Land and Housing Tribunal
  2. 2 Proper procedure for challenging an ex parte judgment
  3. 3 Validity of parallel proceedings before Ward Tribunal and District Land and Housing Tribunal

Ratio Decidendi

The appeal is incompetent because the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment before appealing to the High Court. The existence of parallel proceedings renders the Ward Tribunal's judgment a nullity.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.
  • Ward Tribunal judgment quashed as a nullity.