20151102 TZHC Mwanza2

The Ward Tribunal lacked pecuniary jurisdiction to entertain a claim valued at Tshs. 600,000/-, and the appellant should have filed objection proceedings at the executing court. All proceedings and orders from the Ward Tribunal and District Land and Housing Tribunal are quashed and set aside.

Citation: 20151102 TZHC Mwanza2
Parties: Appellant: Mang'ombe Sospeter; Respondent: Paschal Mung'anyI & Another
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 November 2015
Procedural Posture: Miscellaneous Land Case Appeal / Second Appeal Before High Court
Outcome: Appeal allowed
Legal Topics: Pecuniary Jurisdiction of Tribunals, Objection Proceedings, Execution of Judgments
Source Language: English

Civil Procedure Jurisdiction Pecuniary Jurisdiction of Tribunals Objection Proceedings Execution of Judgments

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Parties

Mang'ombe Sospeter

Appellant

Paschal Mung'anyI & Another

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal Before High Court

Legal Issues

1 Whether the Ward Tribunal had pecuniary jurisdiction to entertain a claim valued at Tshs. 600,000/-
2 Whether the proper forum for objection proceedings was followed

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

All proceedings and resultant orders of the District Land and Housing Tribunal in Appeal No. 131 of 2011 and the Ward Tribunal of Bukabwa in Application No. 31 of 2011 are quashed and set aside.
No order as to costs; each party to bear their own.