20121102 TZHC Dar es Salaam

20121102 TZHC Dar es Salaam

Appeal is improper before the High Court as the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment; parallel proceedings render the Ward Tribunal judgment a nullity.

Citation
20121102 TZHC Dar es Salaam
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
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Default Judgment, Parallel Proceedings, Jurisdiction
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Setting Aside Default Judgment Parallel Proceedings Jurisdiction

Case Brief

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Parties

Kassim Farouq

Appellant

Mwamvua Shaabani

Appellant

Chiku Farouq

Appellant

Ally Hamad Nassor

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether appeal against ex parte judgment is proper before the High Court
  2. 2 Whether the Ward Tribunal judgment is valid given parallel proceedings

Ratio Decidendi

Appeal is improper before the High Court as the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment; parallel proceedings render the Ward Tribunal judgment a nullity.

Court Disposition

appeal dismissed

Orders

  • Ward Tribunal judgment quashed as nullity
  • No order as to costs