20170131 TZHC Mwanza

IN THE HIGH COURT OF TANZANIA IN THE DISTRICT REGISTRY ATMWANZA LAND AP.PEAL NO. 73 OF 2014 {From the Decision of the District Land and Housing Tribunal of Musoma District at Mara. In Land Case No. 146 of 2014} MASAWA MASHAURI MARUBE ................................. APPELLANT·-.. VERSUS ASHA RAJABU ····························••11 ■■ aaa ■■■■ a ■■••········· RESPONDENT JUDGMENT 21.11.2016 & 31.01.2017 L. M. M.LACHA, J The appellant, MASWA MASHAURI MARUBE was the respondent at the District Land and Housing Tribunal of Musoma (the tribunal). The respondent, ASHA RAJABU was the applicant. It is a common fact that the respondent filed Miscellanous Application No. 146/2014 at the tribunal against the appellant seeking vacant possession and unpaid rents. The application was lodged through a chamber summons supported by an affidavit. The chamber summons contained the following prayers: "1. This Honourable Tribunal be pleased to grant eviction ordering the respondent to vacate into the house and pay his rent arrears amounting to Tshs. 1,100,000/= 2. Costs be provided for. " Service of the application was effected and a counter affidavit was filed. The application was heard quickly and the ,chairman handled down the following Ruling: " RULING ILANGA M. T ;_ CHAIRMAN The applicant filed this Misc. Application praying the court to evict the respondent from the disputed house and order him to pay Tshs. 1,100,000/~ being rent arrears and costs be provided for. I As usual this application· has been supported by the applicant's affidavit. The respondent denied all the allegations in his counter affidavit. Having a quick perusal on the applicant's affidavit, I have found that the applicant has reasonable grounds which has convinced this court to allow her application. That said the application is hereby allowed with costs. The respondent is ordered to vacate from the disputed house within 14 days from todate. 2 J Also the payment of Tshs. 1,100,000/= being rent arrears should be made with the above prescribed period of time. It is so ordered Signed ILANGA M. T Chairman 15.08.2014" The appellant could not see justice in the decision and approached this court by way of appeal. Parties appeared in person and hearing was done by written submissions. The grounds of appeal upon which the appeal is lodgd are these: 1. That, the tribunal erred in law in determining a matter in which it had no jurisdiction. 2. That, the chairman of the tribunal erred in law to act upon defective affidavits. 3. That, the chairman of the tribunal erred in law to determine the matter under a law that gave him no powers to act as he did. Having examined the record closely and the decision made by the tribunal, I have noted a serious none direction to the letters of the law leading to a failure of justice. 3 Proceedings in the tribunal are governed by the Land Disputes Courts Act. Cap 216 and the regulations made there under. Jurisdiction and powers are contained in the same laws. The jurisdiction of the tribunal in proceedings where the subject matter is capable of being estimated at a money value, like rent areas, is between three million shillings and forty million shillings (see section 15 read together with section 33(1)(b) of the Act). Where the amount of the subject matter of the case is 3 million or less, jurisdiction falls to the ward tribunal. And where it is above 40 million shillings, the matter should go to the High Court. It was thus wrong to entertain a claim of Ths. 1,100,000/= at the tribunal. It had no jurisdiction to entertain the claim. That was a clear error on the part of the tribunal which make the entire proceedings and ruling a nullity. But, there is another error which is more serious. Proceedings in the tribunal are not initiated by chamber applications. They are initiated by presenting an application in the prescribed forms contained in the second schedule to the Act upon payment of prescribed fees (see regulation 3). A respondent does not file a counter affidavit as was done in this case. He has to present a written statement of Defence (see regulation 7(1)). With respect to the chairman, presenting a chamber application to seek vacant 4 1" possession and unpaid rents was wrong. It was illegal and the resultant (, proceedings and decision were illegal. That said, I will now exercise the revision powers of this court to revise the proceedings and ruling of the tribunal and make directives. The proceedings and ruling of the tribunal are revised, quashed and vacated. It is ordered so. The case to start afresh before the ward tribunal which . ' shOuld hearthe case without delay.~~~ to costs . . · .•.. · . · · , ..: · , · c- ~~-iW L. M. Mlacha JUDGE 31.01.2017 5