20130627 TZHC Mwanza

20130627 TZHC Mwanza

Filing the appeal by memorandum instead of petition and not filing it in the District Land and Housing Tribunal as required by Section 38(2) of the Land Disputes Act renders the appeal incompetent and subject to being struck out.

Citation
20130627 TZHC Mwanza
Parties
Appellant: Marwa Kisike; Respondent: Medard Nyantora
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 June 2013
Procedural Posture
Miscellaneous Land Appeal / Preliminary Objection Ruling
Outcome
Appeal struck out as incompetent.
Legal Topics
Appeals, Procedural Compliance, Jurisdiction
Source Language
English
Land Law Civil Procedure Appeals Procedural Compliance Jurisdiction

Case Brief

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Parties

Marwa Kisike

Appellant

Medard Nyantora

Respondent

Procedural Posture

Miscellaneous Land Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent for contravening Section 38(2) of the Land Disputes Act, Cap 216 (RE: 2002) by being filed by memorandum of appeal instead of petition and not filed in the District Land and Housing Tribunal.

Ratio Decidendi

Filing the appeal by memorandum instead of petition and not filing it in the District Land and Housing Tribunal as required by Section 38(2) of the Land Disputes Act renders the appeal incompetent and subject to being struck out.

Court Disposition

Appeal struck out as incompetent.

Orders

  • Appeal struck out for being incompetent.
  • No order as to costs.