makame makesi vs zaituni msomi 2021 tzhclandd 444 30 august 2021

The Ward Tribunal lacked pecuniary jurisdiction as the value of the disputed property exceeded three million shillings, rendering its proceedings and those of the District Land and Housing Tribunal null and void.

Source-derived case information.

Citation: makame makesi vs zaituni msomi 2021 tzhclandd 444 30 august 2021
Parties: Applicant: Makame Makesi; Respondent: Zaituni Msomi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 August 2021
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal allowed; decisions of both District and Ward Tribunals quashed and set aside.
Legal Topics: Jurisdiction, Pecuniary Jurisdiction, Nullity of Proceedings
Source Language: english

Land Law Civil Procedure Jurisdiction Pecuniary Jurisdiction Nullity of Proceedings

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Makame Makesi

Applicant

Zaituni Msomi

Respondent

Procedural Posture

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

Legal Issues

1 Whether the Ward Tribunal had pecuniary jurisdiction to determine the dispute
2 Whether the proceedings and decisions of the Ward Tribunal and District Land and Housing Tribunal are null and void for want of jurisdiction

Ratio Decidendi

Court Disposition

Appeal allowed; decisions of both District and Ward Tribunals quashed and set aside.

Orders

Decisions of the District Land and Housing Tribunal and Ward Tribunal quashed and set aside
Parties at liberty to re-institute the dispute in a tribunal with competent jurisdiction

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