paul robert mbwana vs asia juma abdul administratix of the estate of the late brigedia general abdul kassim mtingas 2 others 2023 tzhclandd 16900 15 september 2023

paul robert mbwana vs asia juma abdul administratix of the estate of the late brigedia general abdul kassim mtingas 2 others 2023 tzhclandd 16900 15 september 2023

The High Court lacks jurisdiction to entertain a suit challenging the Commissioner's decision to reject an application for right of occupancy; the proper remedy is an appeal to the Minister under section 26(5) of the Land Act.

Citation
paul robert mbwana vs asia juma abdul administratix of the estate of the late brigedia general abdul kassim mtingas 2 others 2023 tzhclandd 16900 15 september 2023
Parties
Plaintiff: Paul Robert Mbwana; 1st Defendant: Asia Juma Abdul (Administratix of the estate of the late Brigedia General Abdul Kassim Mtingas); 2nd Defendant: Commissioner for Land; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 September 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Jurisdiction, Right of Occupancy, Appeals Process
Source Language
English
Land Law Jurisdiction Right of Occupancy Appeals Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Paul Robert Mbwana

Plaintiff

Asia Juma Abdul (Administratix of the estate of the late Brigedia General Abdul Kassim Mtingas)

1st Defendant

Commissioner for Land

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a suit challenging the Commissioner's decision to reject an application for right of occupancy under section 26(5) of the Land Act

Ratio Decidendi

The High Court lacks jurisdiction to entertain a suit challenging the Commissioner's decision to reject an application for right of occupancy; the proper remedy is an appeal to the Minister under section 26(5) of the Land Act.

Court Disposition

Suit struck out with costs

Orders

  • The entire suit is struck out for being filed in the wrong forum contrary to section 26(5) of the Land Act
  • Plaintiff to pay costs