kisongasonga shagenge vs marisha yobwa another 2016 tzhc 2156 18 october 2016

kisongasonga shagenge vs marisha yobwa another 2016 tzhc 2156 18 october 2016

Failure by the Ward Tribunal to record whether questions were put to parties and answers given, as required by Section 13(1) of the Ward Tribunal Act, Cap. 206, rendered the proceedings unjust and occasioned a miscarriage of justice, necessitating quashing of the proceedings and setting aside the decisions of both the Ward Tribunal and the District Land and Housing Tribunal.

Citation
kisongasonga shagenge vs marisha yobwa another 2016 tzhc 2156 18 october 2016
Parties
Appellant: Kisonga Songa Shagenge; 1st Respondent: Marisha Yobwa; 2nd Respondent: Ngaka Malgmo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2016
Procedural Posture
Land Appeal / Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
Outcome
Appeal partly allowed
Legal Topics
Ward Tribunal Procedure, Cross Examination, Admissibility of Evidence, Miscarriage of Justice
Source Language
English
Land Law Civil Procedure Ward Tribunal Procedure Cross Examination Admissibility of Evidence Miscarriage of Justice

Case Brief

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Parties

Kisonga Songa Shagenge

Appellant

Marisha Yobwa

1st Respondent

Ngaka Malgmo

2nd Respondent

Procedural Posture

Land Appeal / Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal

Legal Issues

  1. 1 Whether omission to record cross-examination and refusal to admit documentary evidence at the Ward Tribunal occasioned a miscarriage of justice
  2. 2 Whether all grounds of appeal were considered by the District Land and Housing Tribunal

Ratio Decidendi

Failure by the Ward Tribunal to record whether questions were put to parties and answers given, as required by Section 13(1) of the Ward Tribunal Act, Cap. 206, rendered the proceedings unjust and occasioned a miscarriage of justice, necessitating quashing of the proceedings and setting aside the decisions of both the Ward Tribunal and the District Land and Housing Tribunal.

Court Disposition

Appeal partly allowed

Orders

  • Proceedings of the Ward Tribunal quashed and its decision set aside for failure to comply with Section 13(1) of the Ward Tribunal Act, Cap. 206.
  • Decision of the District Land and Housing Tribunal set aside as it was based on a nullity.