2014102 TZHC Mbeya
The District Land and Housing Tribunal's order was in conflict with legal specifications and failed to analyse the appellant's submissions, rendering the order bad in law and necessitating its quashing.
Source-derived case information.
- Citation
- 2014102 TZHC Mbeya
- Parties
- Appellant: Lovi Kimoga; Respondent: Malimi Shuka (Mtoto wa Ester); Respondent: Tano Nyanza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2014
- Procedural Posture
- Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Appeal Procedure, Tribunal Awards, Failure to Analyse Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lovi Kimoga
Appellant
Malimi Shuka (Mtoto wa Ester)
Respondent
Tano Nyanza
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Legal Issues
- 1 Whether the tribunal's awards were properly prayed for
- 2 Whether there was a failure to analyse the appellant's submissions
Ratio Decidendi
The District Land and Housing Tribunal's order was in conflict with legal specifications and failed to analyse the appellant's submissions, rendering the order bad in law and necessitating its quashing.
Court Disposition
Appeal allowed
Orders
- District Land and Housing Tribunal order quashed
- All awards set aside
Full Case Text
Judgment text and source record
1 paragraphs
• 4- 92ffN- IN THE HIGH COURT OF TANZANIA (LAND DIVISION) • ATMBEYA LAND APPEAL NO 20 OF 2013 (From the Decision of the District Land and Housing Tribunal of MBEYA District at MBEYA In Land Case No 196 of 2012) LO\fI KII4OGA .............................. ................................. APPELLANT VERSUS MALIMI SHUKA (Mtoto wa Ester) TANO NYANZA J ..................I.....IRESPONDENTS JUDGMENT 09.04.2014 & 22.10.2014 CHOCHA, J. In this appeal Lovi Kimoga who is the appellant enjoys the service of Mr. John Owegi Advocate. The appeal is against two respondents Malimi Shuka arid Tano Nyanza. They stood on their own. The appellant has got two complaints. He complains in the first that the tribunal's awards were not prayed for, and in the second, he thinks there was a failure to analyse the appellants' submissions. Although not expressly stated, by necessary implication, if there was a failure to analyse the submission it means there was a failure of award. The order complained of is let to speak:- Although the appellant was a beneficiary to the award, he still complained to this court. The complaint is meritorious. The award was in conflict with the legal spedfications. The District Land Housing order is bad in law. it is quashed. All awards are set aside. The record is to quickly be returned to the District Land Housing Tribunal for final determination of the main suit. 'Status quo - ante' Costs to follow the cause. N.P.Z. Judge 22.10.2014 Date: 22.10.2014 Coram: N.P.Z. Chocha, J. Appellant: Absent [Reported bereaved] For the Appellant: Kulwa for Lovi Respondent: 1 st Absent 2 nd Present R/A: Mwandambo Court: Judgment delivered. Order: Right of Appeal Explained. N.P.Z. Choc1a Judge 22.10.2014 3