robert majondo vs pancras kamilu 2012 tzhc 188 29 february 2012

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

Citation: robert majondo vs pancras kamilu 2012 tzhc 188 29 february 2012
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: Jurisdiction of Tribunals, Criminal Appeals, Land Disputes, Procedure for Appeals
Source Language: English

Jurisdiction Criminal Law Land Law Jurisdiction of Tribunals Criminal Appeals Land Disputes Procedure for Appeals

Case Brief

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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 a Ward Tribunal decision made in exercise of criminal jurisdiction
2 Whether the matter was a land dispute or a criminal matter

Ratio Decidendi

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

Court Disposition

appeal allowed

Orders

Decision of the District Land and Housing Tribunal quashed for lack of jurisdiction
Appellant may file appeal in the appropriate Primary Court, subject to limitation laws