peter paul semwijah vs integrated property consultancy co ltd others 2018 tzhclandd 417 26 july 2018

peter paul semwijah vs integrated property consultancy co ltd others 2018 tzhclandd 417 26 july 2018

The Tribunal erred in dismissing the application as res judicata because the previous suit was not heard and finally decided on the merits, and erred in determining pecuniary jurisdiction based on a sale agreement not constituting a government valuation report, contrary to procedural requirements.

Citation
peter paul semwijah vs integrated property consultancy co ltd others 2018 tzhclandd 417 26 july 2018
Parties
Appellant: Peter Paul Semwijah; 1st Respondent: Intergrated Property Consultancy Company Limited; 2nd Respondent: Grace Kambara; 3rd Respondent: Zebbio Augustino; 4th Respondent: Teachers Development Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 July 2018
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Res Judicata, Pecuniary Jurisdiction, Preliminary Objection, Pleadings, Valuation of Land
Source Language
English
Civil Procedure Land Law Res Judicata Pecuniary Jurisdiction Preliminary Objection Pleadings Valuation of Land

Case Brief

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Parties

Peter Paul Semwijah

Appellant

Intergrated Property Consultancy Company Limited

1st Respondent

Grace Kambara

2nd Respondent

Zebbio Augustino

3rd Respondent

Teachers Development Co. Ltd

4th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the dismissal of Land Application No. 117 of 2016 for res judicata was proper
  2. 2 Whether the Tribunal erred in determining pecuniary jurisdiction based on an unstamped, unregistered sale agreement not constituting a government valuation report

Ratio Decidendi

The Tribunal erred in dismissing the application as res judicata because the previous suit was not heard and finally decided on the merits, and erred in determining pecuniary jurisdiction based on a sale agreement not constituting a government valuation report, contrary to procedural requirements.

Court Disposition

Appeal allowed

Orders

  • Entire proceedings and ruling of Land Application No. 117 of 2016 set aside
  • Application to be returned to Morogoro District Land and Housing Tribunal for determination on merits before a different Chairman