michael madole vs simon siliti 2019 tzhc 2026 28 january 2019
The proceedings of the Ward Tribunal and District Land and Housing Tribunal are nullified due to failure to comply with mandatory statutory requirements regarding tribunal composition.
- Citation
- michael madole vs simon siliti 2019 tzhc 2026 28 january 2019
- Parties
- Appellant: Michael Madole; Respondent: Simon Siliti
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 January 2019
- Procedural Posture
- Miscellaneous Land Case Appeal / Second Appeal
- Outcome
- proceedings nullified
- Legal Topics
- Tribunal Composition, Trial De Novo, Procedural Irregularity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Parties
Michael Madole
Appellant
Simon Siliti
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal
Legal Issues
- 1 Whether the composition of the Ward Tribunal complied with statutory requirements
- 2 Whether proceedings should be nullified due to improper tribunal composition
Ratio Decidendi
The proceedings of the Ward Tribunal and District Land and Housing Tribunal are nullified due to failure to comply with mandatory statutory requirements regarding tribunal composition.
Court Disposition
proceedings nullified
Orders
- Proceedings of the two Tribunals below are nullified and any orders resulting therefrom are quashed.
- Matter to be heard de novo according to law.
Full Case Text
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