ramadhani ngonyani vs eustaki chilongo 2018 tzhclandd 448 13 july 2018

ramadhani ngonyani vs eustaki chilongo 2018 tzhclandd 448 13 july 2018

The District Land and Housing Tribunal erred in law by dismissing the appeal on the ground of lack of locus standi without affording parties an opportunity to address the issue and by failing to nullify the proceedings and orders of the Ward Tribunal after finding the appellant lacked capacity to sue.

Citation
ramadhani ngonyani vs eustaki chilongo 2018 tzhclandd 448 13 july 2018
Parties
Appellant: Ramadhani Ngonyani; Respondent: Eustaki Chilonga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Land Appeal / Second Appeal From District Land and Housing Tribunal to High Court
Outcome
Appeal allowed with costs
Legal Topics
Locus Standi, Nullification of Proceedings, Suo Motu Decisions, Procedural Fairness
Source Language
English
Land Law Locus Standi Nullification of Proceedings Suo Motu Decisions Procedural Fairness

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Parties

Ramadhani Ngonyani

Appellant

Eustaki Chilonga

Respondent

Procedural Posture

Land Appeal / Second Appeal From District Land and Housing Tribunal to High Court

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred by deciding on locus standi without hearing parties
  2. 2 Whether the Tribunal should have nullified the proceedings and orders of the Ward Tribunal after finding lack of locus standi

Ratio Decidendi

The District Land and Housing Tribunal erred in law by dismissing the appeal on the ground of lack of locus standi without affording parties an opportunity to address the issue and by failing to nullify the proceedings and orders of the Ward Tribunal after finding the appellant lacked capacity to sue.

Court Disposition

Appeal allowed with costs

Orders

  • Proceedings and decisions of Mang’ula Ward Tribunal in Complaint No. 30 of 2016 and District Land and Housing Tribunal of Kilombero in Land Appeal No. 273 of 2016 are nullified
  • Orders therein are set aside