NELSON MICHAEL VS

NELSON MICHAEL VS

The proceedings from 5th August 2021 onward are a nullity due to the inclusion of a deceased respondent without joining a legal representative, violating the right to be heard and causing injustice.

Citation
NELSON MICHAEL VS
Parties
Appellant: Nelson Michael Lukumay; 1st Respondent: Suzana Willium Kivuyo; 2nd Respondent: Ruaichi Lotubukokokoki Kivuyo (As Administrator of the Estate of the Late Willium Latubukokokoki Loilole Kivuyo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 November 2024
Procedural Posture
Land Appeal / Judgment
Outcome
proceedings nullified and remitted
Legal Topics
Nullity of Proceedings, Joinder of Parties, Right to Be Heard, Estate Administration
Source Language
English
Land Law Civil Procedure Nullity of Proceedings Joinder of Parties Right to Be Heard Estate Administration

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Parties

Nelson Michael Lukumay

Appellant

Suzana Willium Kivuyo

1st Respondent

Ruaichi Lotubukokokoki Kivuyo (As Administrator of the Estate of the Late Willium Latubukokokoki Loilole Kivuyo)

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether proceedings against a deceased respondent are a nullity
  2. 2 Whether failure to join a legal representative constitutes a material irregularity
  3. 3 Whether the right to be heard was violated

Ratio Decidendi

The proceedings from 5th August 2021 onward are a nullity due to the inclusion of a deceased respondent without joining a legal representative, violating the right to be heard and causing injustice.

Court Disposition

proceedings nullified and remitted

Orders

  • Proceedings of the District Land and Housing Tribunal for Arusha in Land Application No. 92 of 2021 from 5th August 2021 onward are nullified.
  • Record remitted back to the trial Tribunal for retrial starting from 5th August 2021.