20190227 TZHC Mwanza

20190227 TZHC Mwanza

The District Land and Housing Tribunal's decision to dismiss the appeal for being out of time without hearing the parties was procedurally improper and violated the right to be heard, rendering the decision invalid.

Citation
20190227 TZHC Mwanza
Parties
Appellant: Maria Kihamba; Respondent: Elias Mohabe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2019
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Right to Be Heard, Limitation of Actions, Procedural Fairness
Source Language
English
Land Law Civil Procedure Right to Be Heard Limitation of Actions Procedural Fairness

Case Brief

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Parties

Maria Kihamba

Appellant

Elias Mohabe

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred by dismissing the appeal for being out of time without hearing the parties on the issue of limitation

Ratio Decidendi

The District Land and Housing Tribunal's decision to dismiss the appeal for being out of time without hearing the parties was procedurally improper and violated the right to be heard, rendering the decision invalid.

Court Disposition

Appeal allowed

Orders

  • Judgment of the District Land and Housing Tribunal quashed and set aside
  • District Land and Housing Tribunal to accord parties a hearing on the issue of limitation and prepare a fresh judgment