leonard t shello and 9 others vs theresia thomas shello 2021 tzhc 2945 29 april 2021

leonard t shello and 9 others vs theresia thomas shello 2021 tzhc 2945 29 april 2021

The trial ward tribunal lacked pecuniary jurisdiction to entertain the respondent's claim as the amount exceeded the statutory limit; all subsequent proceedings and decisions based on that nullity are quashed and set aside.

Citation
leonard t shello and 9 others vs theresia thomas shello 2021 tzhc 2945 29 april 2021
Parties
Applicant: Ngongo Sabuni; Respondent: Ester Ntobi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2021
Procedural Posture
Civil Revision / Ruling on Preliminary Objection and Merits
Outcome
application allowed
Legal Topics
Pecuniary Jurisdiction, Ward Tribunal Jurisdiction, Revision Vs Appeal, Nullity of Proceedings
Source Language
English
Civil Procedure Pecuniary Jurisdiction Ward Tribunal Jurisdiction Revision Vs Appeal Nullity of Proceedings

Case Brief

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Parties

Ngongo Sabuni

Applicant

Ester Ntobi

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the trial ward tribunal had pecuniary jurisdiction to entertain the respondent's claim
  2. 2 Whether revision was a proper remedy in the circumstances

Ratio Decidendi

The trial ward tribunal lacked pecuniary jurisdiction to entertain the respondent's claim as the amount exceeded the statutory limit; all subsequent proceedings and decisions based on that nullity are quashed and set aside.

Court Disposition

application allowed

Orders

  • District court's proceedings and decision/orders are nullified and quashed/set aside.