20110920 TZHC Dar es Salaam

The District Land and Housing Tribunal lacked jurisdiction to entertain an appeal from a criminal trespass case; its proceedings are a nullity and must be quashed.

Citation: 20110920 TZHC Dar es Salaam
Parties: Appellant: Michael Vincent; Respondent: Erasmo Stephano Hongo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 September 2011
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed; proceedings of the District Land and Housing Tribunal quashed as a nullity.
Legal Topics: Jurisdiction, Appeals, Trespass, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Jurisdiction Appeals Trespass Nullity of Proceedings

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Parties

Michael Vincent

Appellant

Erasmo Stephano Hongo

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal had jurisdiction to entertain an appeal originating from a criminal trespass case
2 Whether the proceedings before the District Land and Housing Tribunal were valid

Ratio Decidendi

The District Land and Housing Tribunal lacked jurisdiction to entertain an appeal from a criminal trespass case; its proceedings are a nullity and must be quashed.

Court Disposition

Appeal allowed; proceedings of the District Land and Housing Tribunal quashed as a nullity.

Orders

District Land and Housing Tribunal proceedings are quashed.