mussa lazaro vs agness makali 2017 tzhc 2153 14 august 2017

mussa lazaro vs agness makali 2017 tzhc 2153 14 august 2017

The proceedings before the Primary Court and District Court were null and void ab initio due to lack of jurisdiction and absence of supporting evidence; therefore, all orders are quashed and the appeal dismissed.

Citation
mussa lazaro vs agness makali 2017 tzhc 2153 14 august 2017
Parties
Appellant: Mussa Lazaro; Respondent: Agnes Makali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 August 2017
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Bill of Costs, Compensation, Forum Selection
Source Language
English
Civil Procedure Land Law Jurisdiction Bill of Costs Compensation Forum Selection

Case Brief

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Parties

Mussa Lazaro

Appellant

Agnes Makali

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the claim for bill of costs and compensation was filed in the proper forum
  2. 2 Whether the appellant supported his claim with sufficient evidence

Ratio Decidendi

The proceedings before the Primary Court and District Court were null and void ab initio due to lack of jurisdiction and absence of supporting evidence; therefore, all orders are quashed and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • proceedings before trial and appellate courts quashed
  • all orders set aside