20170815 TZHC Mwanza
The Tribunal Chairman acted ultra vires by exercising revisionary and review powers over his own decision without statutory authority or proper application, rendering the decision a nullity.
- Citation
- 20170815 TZHC Mwanza
- Parties
- Appellant: KIEMO MRISHO; Respondent: COSMAS SOSTHENES BUFURA; Respondent: TESO SOSTHENES BUFURA; Respondent: MAYALA SOSTHENES BUFURA; Respondent: MUSSA SOSTHENES BUFURA; Respondent: VARES SOSTHENES BUFURA
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 August 2017
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Revisionary Powers, Review Procedure, Ultra Vires Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
KIEMO MRISHO
Appellant
COSMAS SOSTHENES BUFURA
Respondent
TESO SOSTHENES BUFURA
Respondent
MAYALA SOSTHENES BUFURA
Respondent
MUSSA SOSTHENES BUFURA
Respondent
VARES SOSTHENES BUFURA
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the District Land and Housing Tribunal Chairman had powers to revise his own decision suo motu
- 2 Whether the review was properly exercised according to statutory requirements
Ratio Decidendi
The Tribunal Chairman acted ultra vires by exercising revisionary and review powers over his own decision without statutory authority or proper application, rendering the decision a nullity.
Court Disposition
appeal allowed
Orders
- The decision and orders of the District Land and Housing Tribunal in Application Review No. 93 of 2012 dated 16th October, 2015 are quashed and set aside.
- Each party shall bear its own costs.
Full Case Text
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