michael vincent vs erasmo stephano hongoli 2011 tzhc 2152 19 december 2011

michael vincent vs erasmo stephano hongoli 2011 tzhc 2152 19 december 2011

The District Land and Housing Tribunal lacked jurisdiction to entertain an appeal from a criminal trespass case, rendering its proceedings a nullity.

Citation
michael vincent vs erasmo stephano hongoli 2011 tzhc 2152 19 december 2011
Parties
Appellant: Michael Vincent; Respondent: Erasmo Stephano Hongoli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2011
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed; proceedings quashed
Legal Topics
Jurisdiction, Appeal Procedure, Criminal Vs Civil Proceedings
Source Language
English

Case Brief

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Parties

Michael Vincent

Appellant

Erasmo Stephano Hongoli

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain an appeal originating from a criminal trespass case
  2. 2 Whether the proceedings at 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, rendering its proceedings a nullity.

Court Disposition

Appeal allowed; proceedings quashed

Orders

  • District Land and Housing Tribunal proceedings quashed for being a nullity
  • Costs awarded