20170912 TZHC Mwanza3

The District Land and Housing Tribunal's summary dismissal of the execution application without affording the parties the right to be heard rendered the proceedings and decision a nullity.

Citation: 20170912 TZHC Mwanza3
Parties: Appellant: Kasunga Magina; Respondent: David Anthony Makoro
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 September 2017
Procedural Posture: Land Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Right to Be Heard, Execution of Decree, Summary Dismissal
Source Language: English

Land Law Civil Procedure Right to Be Heard Execution of Decree Summary Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Kasunga Magina

Appellant

David Anthony Makoro

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the District Land and Housing Tribunal erred by summarily dismissing the execution application without hearing the parties
2 Whether the proceedings and decision were tainted by irregularities due to lack of right to be heard

Ratio Decidendi

The District Land and Housing Tribunal's summary dismissal of the execution application without affording the parties the right to be heard rendered the proceedings and decision a nullity.

Court Disposition

appeal allowed

Orders

Proceedings and decision of District Land and Housing Tribunal in Miscellaneous Application No. 27 of 2015 quashed
Records remitted for fresh hearing before the Tribunal