ramadhani juma v the vilage council of nguvu moja and another6 2023 tzhc 17381 16 may 2023

The trial tribunal's failure to follow proper procedure during the visit to the locus in quo constituted a major procedural irregularity, rendering the proceedings, judgment, and decree null and void.

Citation: ramadhani juma v the vilage council of nguvu moja and another6 2023 tzhc 17381 16 may 2023
Parties: Appellant: Ramadhani Juma; 1st Respondent: The Village Council of Nguvumoja; 2nd Respondent: Airtel Tanzania Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 May 2023
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed; proceedings, judgment, and decree nullified
Legal Topics: Locus in Quo Procedure, Nullification of Proceedings, Procedural Irregularity
Source Language: English

Land Law Civil Procedure Locus in Quo Procedure Nullification of Proceedings Procedural Irregularity

Case Brief

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Parties

Ramadhani Juma

Appellant

The Village Council of Nguvumoja

1st Respondent

Airtel Tanzania Limited

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial tribunal followed proper procedure during the visit to the locus in quo
2 Whether the judgment and decree of the District Land and Housing Tribunal are valid

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings, judgment, and decree nullified

Orders

Entire proceedings, judgment, and decree of the District Land and Housing Tribunal for Tabora are nullified and quashed
Parties may institute a fresh suit before a competent forum