Marietha T

Marietha T

The High Court lacks jurisdiction to review Ward Tribunal decisions not appealed to the District Tribunal; execution orders must reflect only the original compensation awarded, not additional sums for delay unless expressly ordered.

Citation
Marietha T
Parties
Applicant: Marietha Tluway; Respondent: Fabiola Martin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Land Review / Final Judgment
Outcome
application dismissed
Legal Topics
Execution of Judgment, Review of Tribunal Orders, Court Abuse, Advocate Remuneration
Source Language
English
Land Law Civil Procedure Execution of Judgment Review of Tribunal Orders Court Abuse Advocate Remuneration

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Parties

Marietha Tluway

Applicant

Fabiola Martin

Respondent

Procedural Posture

Land Review / Final Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in granting execution orders including additional compensation
  2. 2 Whether the High Court can review or revise decisions of the Ward Tribunal not appealed to the District Tribunal

Ratio Decidendi

The High Court lacks jurisdiction to review Ward Tribunal decisions not appealed to the District Tribunal; execution orders must reflect only the original compensation awarded, not additional sums for delay unless expressly ordered.

Court Disposition

application dismissed

Orders

  • Order for applicant to pay only Tzs 255,000/= as per Ward Tribunal judgment
  • Order for applicant to bear costs of Tzs 150,000.00 taxed under Order 44 of Advocates Remuneration Order, 2015