20120229 TZHC Mwanza

The District Land and Housing Tribunal lacked jurisdiction to entertain the appeal as the matter was criminal in nature and not a land dispute; the proper forum for appeal was the Primary Court.

Citation: 20120229 TZHC Mwanza
Parties: Appellant: Robert Majondo; Respondent: Pancras Kamilu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 February 2012
Procedural Posture: Miscellaneous Land Case Appeal / Second Appeal
Outcome: appeal allowed
Legal Topics: Appeals, Ward Tribunal Jurisdiction, Land Disputes, Criminal Proceedings
Source Language: English

Jurisdiction Criminal Law Appeals Ward Tribunal Jurisdiction Land Disputes Criminal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Robert Majondo

Appellant

Pancras Kamilu

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal had jurisdiction to entertain an appeal from the Ward Tribunal exercising criminal jurisdiction
2 Whether the matter constitutes a land dispute

Ratio Decidendi

The District Land and Housing Tribunal lacked jurisdiction to entertain the appeal as the matter was criminal in nature and not a land dispute; the proper forum for appeal was the Primary Court.

Court Disposition

appeal allowed

Orders

Decision of the District Land and Housing Tribunal quashed
Appellant may file appeal in the appropriate Primary Court