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
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 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
Full Case Text
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