lusekelo mwakapala vs crdb bank plc 2019 tzhc 2131 23 january 2019

The trial tribunal was not properly constituted as required by law, rendering its proceedings and judgment null and void. The appellate tribunal's orders, based on such nullity, are also set aside.

Citation: lusekelo mwakapala vs crdb bank plc 2019 tzhc 2131 23 january 2019
Parties: Appellant: Mussabosco; Respondent: Twalib Seif
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 January 2019
Procedural Posture: Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal
Outcome: Appeal allowed; proceedings and decisions of both lower tribunals quashed and set aside.
Legal Topics: Ward Tribunal Composition, Quorum Requirements, Nullity of Proceedings, Administrator of Estate, Locus Standi
Source Language: English

Land Law Civil Procedure Ward Tribunal Composition Quorum Requirements Nullity of Proceedings Administrator of Estate Locus Standi

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Mussabosco

Appellant

Twalib Seif

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the trial tribunal was properly constituted as per statutory requirements
2 Whether the appellate tribunal erred in law and fact in its judgment
3 Whether the sale of disputed land was lawful without proper administration of deceased's estate

Ratio Decidendi

The trial tribunal was not properly constituted as required by law, rendering its proceedings and judgment null and void. The appellate tribunal's orders, based on such nullity, are also set aside.

Court Disposition

Appeal allowed; proceedings and decisions of both lower tribunals quashed and set aside.

Orders

Any party may institute a case afresh.
Status quo ante maintained.