20151215 TZHC Iringa

20151215 TZHC Iringa

The proceedings of the Ward Tribunal were a nullity ab initio due to failure to indicate the composition of the tribunal at each sitting as required by law, rendering subsequent proceedings and decisions of both the Ward Tribunal and District Land and Housing Tribunal void.

Citation
20151215 TZHC Iringa
Parties
Appellant: Leonard Malenda; Respondent: Jumanne Malenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2015
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal and Ward Tribunal
Outcome
Appeal allowed to the extent that all prior proceedings are quashed due to procedural irregularity; order for trial de novo.
Legal Topics
Tribunal Composition, Customary Land Allocation, Quorum Requirements, Nullity of Proceedings
Source Language
English
Land Law Civil Procedure Tribunal Composition Customary Land Allocation Quorum Requirements Nullity of Proceedings

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Parties

Leonard Malenda

Appellant

Jumanne Malenda

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal and Ward Tribunal

Legal Issues

  1. 1 Whether the Ward Tribunal was properly constituted as required by law
  2. 2 Whether failure to indicate the composition of the Ward Tribunal vitiated the proceedings
  3. 3 Whether the appellate tribunal erred in disregarding evidence and assessors' opinions

Ratio Decidendi

The proceedings of the Ward Tribunal were a nullity ab initio due to failure to indicate the composition of the tribunal at each sitting as required by law, rendering subsequent proceedings and decisions of both the Ward Tribunal and District Land and Housing Tribunal void.

Court Disposition

Appeal allowed to the extent that all prior proceedings are quashed due to procedural irregularity; order for trial de novo.

Orders

  • The decisions and proceedings of the District Land and Housing Tribunal and the Ward Tribunal are quashed.
  • A trial de novo is ordered.