richard mgolole vs abdallah mwenda 2015 tzhc 2161 15 october 2015

The Ward Tribunal was not properly constituted during the hearing as it had only three members instead of the statutory minimum of four, rendering the proceedings and subsequent appellate decision a nullity.

Citation: richard mgolole vs abdallah mwenda 2015 tzhc 2161 15 october 2015
Parties: Appellant: Richard Mgolole; Respondent: Abdallah Mwenda
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 October 2015
Procedural Posture: Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Tribunal Composition, Mediation Vs. Hearing, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Tribunal Composition Mediation Vs. Hearing Nullity of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Mgolole

Appellant

Abdallah Mwenda

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

1 Whether the Ward Tribunal was properly constituted during hearing of the dispute
2 Whether the District Land and Housing Tribunal erred in upholding the Ward Tribunal's decision based on contradictory evidence
3 Whether the respondent proved purchase of the disputed land

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The proceedings and decision of the District Land and Housing Tribunal and the Ward Tribunal are quashed as nullities.
A trial de novo is ordered before a different set of members.