paschal maelele and another vs nyangubha sibora 2022 tzhc 14375 31 october 2022

paschal maelele and another vs nyangubha sibora 2022 tzhc 14375 31 october 2022

Material procedural irregularities, including lack of land size and demarcations, unexplained change of application number and party status, and failure of the tribunal chairman to sign witness testimonies, vitiated the proceedings and decisions, necessitating their being set aside.

Citation
paschal maelele and another vs nyangubha sibora 2022 tzhc 14375 31 october 2022
Parties
Applicant: Paschal Maelele; Applicant: Songora Nyakirindi; Respondent: Nyang'ubha Sibora
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2022
Procedural Posture
Land Revision / Ruling on Procedural Irregularities Prior to Hearing
Outcome
Proceedings and decisions in Application No. 198 of 2016 and No. 198 of 2017 set aside for want of proper record; parties at liberty to file fresh action; no order as to costs.
Legal Topics
Procedural Irregularities, Jurisdiction, Right to Be Heard, Tribunal Procedure
Source Language
English
Land Law Civil Procedure Procedural Irregularities Jurisdiction Right to Be Heard Tribunal Procedure

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Parties

Paschal Maelele

Applicant

Songora Nyakirindi

Applicant

Nyang'ubha Sibora

Respondent

Procedural Posture

Land Revision / Ruling on Procedural Irregularities Prior to Hearing

Legal Issues

  1. 1 Whether the proceedings and decisions of the District Land and Housing Tribunal were vitiated by procedural irregularities
  2. 2 Whether the tribunal's failure to record land size and demarcations, change of application number and party status without reasons, and lack of chairman's signature at end of witness testimony rendered the proceedings a nullity

Ratio Decidendi

Material procedural irregularities, including lack of land size and demarcations, unexplained change of application number and party status, and failure of the tribunal chairman to sign witness testimonies, vitiated the proceedings and decisions, necessitating their being set aside.

Court Disposition

Proceedings and decisions in Application No. 198 of 2016 and No. 198 of 2017 set aside for want of proper record; parties at liberty to file fresh action; no order as to costs.

Orders

  • Proceedings and decisions in Application No. 198 of 2016 and No. 198 of 2017 are set aside.
  • Parties may initiate fresh and proper cause of action if they so wish.