20161213 TZHC Mwanza

20161213 TZHC Mwanza

The appeal was allowed on the ground that the proceedings before the District Land and Housing Tribunal constituted an abuse of legal process, as the matter had already been adjudicated by the Ward Tribunal in application number 14 of 2009, and the respondent, being privy to the earlier party, was barred from relitigating the same issue.

Citation
20161213 TZHC Mwanza
Parties
Appellant: Kosham Maroko; Respondent: Odero Jacob
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2016
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Res Judicata, Abuse of Process, Land Ownership, Boundary Dispute
Source Language
English
Land Law Civil Procedure Res Judicata Abuse of Process Land Ownership Boundary Dispute

Case Brief

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Parties

Kosham Maroko

Appellant

Odero Jacob

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the present proceedings constitute an abuse of court process due to prior adjudication of the same dispute
  2. 2 Whether the District Land and Housing Tribunal erred in law and fact by failing to evaluate evidence and by departing from assessors' opinions without reason

Ratio Decidendi

The appeal was allowed on the ground that the proceedings before the District Land and Housing Tribunal constituted an abuse of legal process, as the matter had already been adjudicated by the Ward Tribunal in application number 14 of 2009, and the respondent, being privy to the earlier party, was barred from relitigating the same issue.

Court Disposition

Appeal allowed

Orders

  • All proceedings before the District Land and Housing Tribunal quashed
  • Decree of the District Land and Housing Tribunal set aside