20150825 TZHC Dodoma

Since the value of the disputed land did not exceed three million shillings, the District Land and Housing Tribunal lacked jurisdiction; the matter should have been instituted at the Ward Tribunal.

Citation: 20150825 TZHC Dodoma
Parties: Appellant: Msasu Mundulu; Respondent: William Samweli; Respondent: Elia I. Mpuku
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 August 2015
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Pecuniary Jurisdiction, Forum Selection, Quashing of Proceedings
Source Language: English

Land Law Civil Procedure Pecuniary Jurisdiction Forum Selection Quashing of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Msasu Mundulu

Appellant

William Samweli

Respondent

Elia I. Mpuku

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal had pecuniary jurisdiction to hear the dispute
2 Whether the suit should have been instituted at the Ward Tribunal

Ratio Decidendi

Since the value of the disputed land did not exceed three million shillings, the District Land and Housing Tribunal lacked jurisdiction; the matter should have been instituted at the Ward Tribunal.

Court Disposition

appeal allowed

Orders

proceedings, decision and order of the District Land and Housing Tribunal quashed
no order as to costs