mussa bajuni and another vs mtemi naluyaga and23 others 2020 tzhclandd 2212 30 september 2020

mussa bajuni and another vs mtemi naluyaga and23 others 2020 tzhclandd 2212 30 september 2020

The District Land and Housing Tribunal erred by failing to consider and determine the rights of the applicants, who were not parties to the original suit, before granting possession of the suit land to the decree holder. The tribunal should have investigated the applicants' claims to the land during the execution proceedings.

Citation
mussa bajuni and another vs mtemi naluyaga and23 others 2020 tzhclandd 2212 30 september 2020
Parties
Applicant: Mussa Bajuni; Applicant: Juma Suleman Tindwa; Respondent: Mtemi Naluyaga; Respondent: Said Mohammed Khamis; Respondent: Omary Mohammed Said; Respondent: John Ferdinand Kimbori; Respondent: Mgaya Juma Chedi; Respondent: Abrahamani Ally Issa; Respondent: Hassan Mohamed Abdallah; Respondent: Ahmed Mohamed Sarhan; Respondent: Yahaya Dossa; Respondent: Salum Jorden; Respondent: Aunty Shamim; Respondent: Abdulkarim; Respondent: Kamran Jafar (Jove); Respondent: Fazal Babu; Respondent: Naushad Sharma; Respondent: Nurdin Babu; Respondent: Ally Habresh; Respondent: Yahya Anwar Abdallah; Respondent: Said Omar Mbaraka; Respondent: Mohamed Alawi Abas; Respondent: Mohamoud Bachu; Respondent: Nassoro Said Mohamed; Respondent: Said Sadon; Respondent: Ally Mataka
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2020
Procedural Posture
Land Revision / Ruling on Revision Application
Outcome
Ruling and order of the District Land and Housing Tribunal set aside. Matter remitted for fresh determination before a different chairperson and assessors. Each party to bear its own costs.
Legal Topics
Execution of Judgments, Eviction Proceedings, Objection to Execution, Right to Be Heard
Source Language
English
Land Law Civil Procedure Execution of Judgments Eviction Proceedings Objection to Execution Right to Be Heard

Case Brief

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Parties

Mussa Bajuni

Applicant

Juma Suleman Tindwa

Applicant

Mtemi Naluyaga

Respondent

Said Mohammed Khamis

Respondent

Omary Mohammed Said

Respondent

John Ferdinand Kimbori

Respondent

Mgaya Juma Chedi

Respondent

Abrahamani Ally Issa

Respondent

Hassan Mohamed Abdallah

Respondent

Ahmed Mohamed Sarhan

Respondent

Yahaya Dossa

Respondent

Salum Jorden

Respondent

Aunty Shamim

Respondent

Abdulkarim

Respondent

Kamran Jafar (Jove)

Respondent

Fazal Babu

Respondent

Naushad Sharma

Respondent

Nurdin Babu

Respondent

Ally Habresh

Respondent

Yahya Anwar Abdallah

Respondent

Said Omar Mbaraka

Respondent

Mohamed Alawi Abas

Respondent

Mohamoud Bachu

Respondent

Nassoro Said Mohamed

Respondent

Said Sadon

Respondent

Ally Mataka

Respondent

Procedural Posture

Land Revision / Ruling on Revision Application

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in granting possession of the suit land to the decree holder without considering the rights of persons not party to the original suit
  2. 2 Whether the applicants were entitled to be heard before eviction

Ratio Decidendi

The District Land and Housing Tribunal erred by failing to consider and determine the rights of the applicants, who were not parties to the original suit, before granting possession of the suit land to the decree holder. The tribunal should have investigated the applicants' claims to the land during the execution proceedings.

Court Disposition

Ruling and order of the District Land and Housing Tribunal set aside. Matter remitted for fresh determination before a different chairperson and assessors. Each party to bear its own costs.

Orders

  • District tribunal's ruling and order of 18th January, 2019 in Misc. Application No. 411 of 2018 set aside.
  • Matter remitted to the District Land and Housing Tribunal for fresh determination before a different chairperson and assessors.