20171219 TZHC Dodoma1

Irregularities in the Ward Tribunal's proceedings, specifically non-listing of members and lack of recorded evidence, vitiated the proceedings and rendered them null.

Citation: 20171219 TZHC Dodoma1
Parties: Appellant: Mama Diu; Respondent: Magrethi Lesilafa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2017
Procedural Posture: Miscellaneous Land Appeal / Judgment
Outcome: Ward Tribunal and District Tribunal proceedings quashed; orders set aside; case to be heard afresh before Ward Tribunal.
Legal Topics: Ward Tribunal Procedure, Member Listing, Record Keeping, Revisional Powers
Source Language: English

Land Law Civil Procedure Ward Tribunal Procedure Member Listing Record Keeping Revisional Powers

Case Brief

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Parties

Mama Diu

Appellant

Magrethi Lesilafa

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

1 Whether the Ward Tribunal proceedings were valid given the non-listing of members during trial and judgment
2 Whether the absence of recorded evidence vitiates the proceedings

Ratio Decidendi

Irregularities in the Ward Tribunal's proceedings, specifically non-listing of members and lack of recorded evidence, vitiated the proceedings and rendered them null.

Court Disposition

Ward Tribunal and District Tribunal proceedings quashed; orders set aside; case to be heard afresh before Ward Tribunal.

Orders

Ward Tribunal proceedings quashed
District Tribunal appeal proceedings quashed