20170718 TZHC Mwanza

The composition of the Nyankanga Ward Tribunal was not properly recorded regarding members' gender, raising doubt about compliance with section 11 of the Land Disputes Courts Act 2002 Cap. 216. The matter must be reverted for proper recording before the appeal can be determined.

Citation: 20170718 TZHC Mwanza
Parties: Appellant: Luma Malima; Respondent: Gati Mirumbe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 July 2017
Procedural Posture: Miscellaneous Land Appeal / Judgment on Second Appeal
Outcome: matter reverted to Nyankanga Ward Tribunal for proper recording of members' gender; costs reserved
Legal Topics: Tribunal Composition, Boundary Dispute, Evidence Evaluation
Source Language: English

Land Law Civil Procedure Tribunal Composition Boundary Dispute Evidence Evaluation

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Parties

Luma Malima

Appellant

Gati Mirumbe

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the composition of the Nyankanga Ward Tribunal complied with statutory requirements
2 Whether the lower tribunals properly evaluated evidence
3 Whether the boundary dispute was resolved in accordance with law

Ratio Decidendi

Court Disposition

matter reverted to Nyankanga Ward Tribunal for proper recording of members' gender; costs reserved

Orders

Matter reverted to Nyankanga Ward Tribunal for appropriate recording of members' gender who heard and determined the matter.
Costs reserved pending determination of appeal.