mkome mtwale two others vs babilas mwenge mkome 2023 tzhc 20637 25 august 2023
The District Land and Housing Tribunal lacked jurisdiction as the dispute was not subjected to mandatory mediation at the Ward Tribunal as required by law, rendering the trial a nullity.
Source-derived case information.
- Citation
- mkome mtwale two others vs babilas mwenge mkome 2023 tzhc 20637 25 august 2023
- Parties
- Appellant: Mkome Mtwale; Appellant: Robert Makunja; Appellant: Makunja Samwel; Respondent: Babilas Mwenge Mkome
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 August 2023
- Procedural Posture
- Miscellaneous Land Case Appeal / First Appeal
- Outcome
- appeal allowed
- Legal Topics
- Jurisdiction, Mediation Requirement, Procedure Before District Land and Housing Tribunal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mkome Mtwale
Appellant
Robert Makunja
Appellant
Makunja Samwel
Appellant
Babilas Mwenge Mkome
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / First Appeal
Legal Issues
- 1 Whether the District Land and Housing Tribunal had jurisdiction to hear the case without prior mediation at the Ward Tribunal
Ratio Decidendi
The District Land and Housing Tribunal lacked jurisdiction as the dispute was not subjected to mandatory mediation at the Ward Tribunal as required by law, rendering the trial a nullity.
Court Disposition
appeal allowed
Orders
- proceedings of the Tribunal quashed
- judgment and orders of the Tribunal set aside
Full Case Text
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