20120921 TZHC mWANZA

20120921 TZHC mWANZA

The ex-parte judgment by the Ward Tribunal could not be challenged by revision, and the Ward Tribunal lacked jurisdiction to revise its own decision; thus, the proceedings and decisions of the lower tribunals are nullified.

Citation
20120921 TZHC mWANZA
Parties
Appellant: M/S Maisome Juhudi Uwezo Enterprises; Respondent: Zaituni Adam
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2012
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal Revision
Outcome
Appeal allowed to the extent of nullification of lower tribunals' proceedings and decisions.
Legal Topics
Ex Parte Judgment, Revision Proceedings, Jurisdiction of Ward Tribunal
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Revision Proceedings Jurisdiction of Ward Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

M/S Maisome Juhudi Uwezo Enterprises

Appellant

Zaituni Adam

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an ex-parte judgment by the Ward Tribunal can be challenged by way of revision
  2. 2 Whether the Ward Tribunal has power to revise its own decision

Ratio Decidendi

The ex-parte judgment by the Ward Tribunal could not be challenged by revision, and the Ward Tribunal lacked jurisdiction to revise its own decision; thus, the proceedings and decisions of the lower tribunals are nullified.

Court Disposition

Appeal allowed to the extent of nullification of lower tribunals' proceedings and decisions.

Orders

  • Both the lower tribunals' proceedings and decisions are nullified.
  • No order for costs.