20121102 TZHC Mwanza4

20121102 TZHC Mwanza4

The appeal is improper as the appellants should have first applied to the District Land and Housing Tribunal to set aside the ex parte judgment, not appealed directly to the High Court. The Ward Tribunal's judgment is a nullity due to parallel proceedings.

Citation
20121102 TZHC Mwanza4
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

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 on Appeal

Legal Issues

  1. 1 Whether the appeal against an ex parte judgment is proper before the High Court
  2. 2 Whether the proper procedure is to apply to set aside the ex parte judgment at the tribunal
  3. 3 Validity of parallel proceedings before Ward Tribunal and District Land and Housing Tribunal

Ratio Decidendi

The appeal is improper as the appellants should have first applied to the District Land and Housing Tribunal to set aside the ex parte judgment, not appealed directly to the High Court. The Ward Tribunal's judgment is a nullity due to parallel proceedings.

Court Disposition

appeal dismissed

Orders

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