kusi a mkamba vs serilali ya mtaa wa mindu 2018 tzhclandd 503 24 august 2018

kusi a mkamba vs serilali ya mtaa wa mindu 2018 tzhclandd 503 24 august 2018

The appellant was duly served with summons but failed to appear, justifying the ex parte decision; the respondent had locus standi as its interests were interfered with; the evidence before the Ward Tribunal was sufficient and properly considered; the grounds of appeal lacked merit and were dismissed.

Citation
kusi a mkamba vs serilali ya mtaa wa mindu 2018 tzhclandd 503 24 august 2018
Parties
Appellant: Kusi A. Mkamba; Respondent: Serikali ya Mtaa wa Mindu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Locus Standi, Service of Summons, Res Judicata, Appeal Procedure
Source Language
English
Land Law Ex Parte Judgment Locus Standi Service of Summons Res Judicata Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Kusi A. Mkamba

Appellant

Serikali ya Mtaa wa Mindu

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Ward Tribunal's ex parte decision was valid given alleged lack of proof of service
  2. 2 Whether the District Land and Housing Tribunal erred by not deciding all grounds of appeal
  3. 3 Whether the Ward Tribunal was properly constituted

Ratio Decidendi

The appellant was duly served with summons but failed to appear, justifying the ex parte decision; the respondent had locus standi as its interests were interfered with; the evidence before the Ward Tribunal was sufficient and properly considered; the grounds of appeal lacked merit and were dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Right of appeal explained