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The procedural irregularities in the Ward Tribunal proceedings did not occasion a failure of justice; the issue of locus standi and letters of administration was not in contention at trial and was improperly raised as a point of law on appeal; the first appellate Tribunal erred in quashing the Ward Tribunal's decision on these grounds.

Citation
image5696
Parties
Appellant: Mrisho Ramadhani Mrisho; Respondent: Emmanuel Nicko Mmary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Land Appeal / Second Appeal (high Court)
Outcome
Appeal allowed in part; decision of first appellate Tribunal quashed; decision of Ward Tribunal restored; no order as to costs.
Legal Topics
Ward Tribunal Procedure, Quorum Requirements, Locus Standi, Letters of Administration, Failure of Justice, Technicalities in Land Disputes
Source Language
English
Land Law Ward Tribunal Procedure Quorum Requirements Locus Standi Letters of Administration Failure of Justice Technicalities in Land Disputes

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Parties

Mrisho Ramadhani Mrisho

Appellant

Emmanuel Nicko Mmary

Respondent

Procedural Posture

Land Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether procedural irregularities in the Ward Tribunal proceedings occasioned a failure of justice
  2. 2 Whether the issue of locus standi and letters of administration was properly raised and determined
  3. 3 Whether the first appellate Tribunal erred in quashing the Ward Tribunal's decision based on quorum and locus standi issues

Ratio Decidendi

The procedural irregularities in the Ward Tribunal proceedings did not occasion a failure of justice; the issue of locus standi and letters of administration was not in contention at trial and was improperly raised as a point of law on appeal; the first appellate Tribunal erred in quashing the Ward Tribunal's decision on these grounds.

Court Disposition

Appeal allowed in part; decision of first appellate Tribunal quashed; decision of Ward Tribunal restored; no order as to costs.

Orders

  • Decision of the District Land and Housing Tribunal quashed and set aside.
  • Decision of the Mikumi Ward Tribunal restored, declaring the disputed land belongs to the family of late Fadhil Ally.