20160920 TZHC Mwanza

20160920 TZHC Mwanza

The trial chairman erred by collecting evidence and determining disputed facts during a preliminary objection, which should be confined to pure points of law. The tribunal further erred by raising and deciding the issue of res judicata suo motu without affording parties the right to be heard. These procedural irregularities vitiated the proceedings and resultant orders.

Citation
20160920 TZHC Mwanza
Parties
Appellant: Magori Maseke Changarawe; Respondent: Thomas Kiboko; Respondent: Another (2nd Respondent, Chairman of Nyamisangura Hamlet, Kirumi Village)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2016
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Preliminary Objection Ruling
Outcome
Appeal allowed
Legal Topics
Preliminary Objection, Limitation of Actions, Res Judicata, Right to Be Heard, Procedural Irregularity
Source Language
English
Land Law Civil Procedure Preliminary Objection Limitation of Actions Res Judicata Right to Be Heard Procedural Irregularity

Case Brief

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Parties

Magori Maseke Changarawe

Appellant

Thomas Kiboko

Respondent

Another (2nd Respondent, Chairman of Nyamisangura Hamlet, Kirumi Village)

Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the preliminary objection on limitation was properly determined
  2. 2 Whether the matter was res judicata
  3. 3 Whether the right to be heard was violated by the trial tribunal

Ratio Decidendi

The trial chairman erred by collecting evidence and determining disputed facts during a preliminary objection, which should be confined to pure points of law. The tribunal further erred by raising and deciding the issue of res judicata suo motu without affording parties the right to be heard. These procedural irregularities vitiated the proceedings and resultant orders.

Court Disposition

Appeal allowed

Orders

  • All proceedings and orders of the District Land and Housing Tribunal in Land Application No. 30/2013 are quashed and set aside.
  • Land Application No. 30/2013 to be heard and determined on merits by a different Chairman with competent jurisdiction.