20161018 TZHC Dodoma

20161018 TZHC Dodoma

Failure by the Ward Tribunal to record questions and answers as required by Section 13(1) of the Ward Tribunal Act, Cap. 206 rendered the proceedings unjust and occasioned a miscarriage of justice, necessitating the quashing of the Ward Tribunal's proceedings and setting aside of its decision and that of the District Land and Housing Tribunal.

Citation
20161018 TZHC Dodoma
Parties
Appellant: Kisongasonga Shagenge; 1st Respondent: Marisha Yobwa; 2nd Respondent: Ngaka Malomo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2016
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal partly allowed
Legal Topics
Ward Tribunal Procedure, Cross Examination, Record Keeping, Miscarriage of Justice
Source Language
English
Land Law Ward Tribunal Procedure Cross Examination Record Keeping Miscarriage of Justice

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Parties

Kisongasonga Shagenge

Appellant

Marisha Yobwa

1st Respondent

Ngaka Malomo

2nd Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether omission to record cross-examination and document tendering at the Ward Tribunal occasioned a miscarriage of justice
  2. 2 Whether the District Land and Housing Tribunal erred in not considering all grounds of appeal

Ratio Decidendi

Failure by the Ward Tribunal to record questions and answers as required by Section 13(1) of the Ward Tribunal Act, Cap. 206 rendered the proceedings unjust and occasioned a miscarriage of justice, necessitating the quashing of the Ward Tribunal's proceedings and setting aside of its decision and that of the District Land and Housing Tribunal.

Court Disposition

appeal partly allowed

Orders

  • Proceedings of the Ward Tribunal quashed
  • Decision of the Ward Tribunal set aside