20160908 TZHC Dodoma

20160908 TZHC Dodoma

The District Land and Housing Tribunal was functus officio after delivering its judgment and decree in Land Appeal No. 125 of 2011 and had no jurisdiction to revise the Idifu Ward Tribunal's decision during execution proceedings. The chairman erred in addressing matters not before him and confusing the tribunals.

Citation
20160908 TZHC Dodoma
Parties
Appellant: Robert Lyawewe; Respondent: Jonas Lyawewe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 September 2016
Procedural Posture
Misc. Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Execution of Judgments, Functus Officio, Tribunal Jurisdiction, Appeals Process
Source Language
English
Land Law Civil Procedure Execution of Judgments Functus Officio Tribunal Jurisdiction Appeals Process

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Parties

Robert Lyawewe

Appellant

Jonas Lyawewe

Respondent

Procedural Posture

Misc. Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was functus officio after delivering judgment in Land Appeal No. 125 of 2011
  2. 2 Whether the chairman erred in revising the Idifu Ward Tribunal's decision during execution proceedings
  3. 3 Whether there was confusion between Idifu Ward Tribunal and Iringa Mvumi Ward Tribunal

Ratio Decidendi

The District Land and Housing Tribunal was functus officio after delivering its judgment and decree in Land Appeal No. 125 of 2011 and had no jurisdiction to revise the Idifu Ward Tribunal's decision during execution proceedings. The chairman erred in addressing matters not before him and confusing the tribunals.

Court Disposition

Appeal allowed

Orders

  • Quash the proceedings and decision in Application No. 274 of 2013
  • Set aside any orders emanating from Application No. 274 of 2013