saada bakari vs magreth mkima 2019 tzhc 118 22 october 2019

saada bakari vs magreth mkima 2019 tzhc 118 22 october 2019

There is a point of law regarding jurisdiction that requires determination by the Court of Appeal, specifically whether the trial and appellate courts had jurisdiction in light of the Land Disputes Courts Act, 2002 and Land Act, Cap 113 (R.E. 2002), and whether the Chief Justice's secular applied to the instant case.

Citation
saada bakari vs magreth mkima 2019 tzhc 118 22 october 2019
Parties
Applicant: Saada Bakari; Respondent: Magreth Mkima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2019
Procedural Posture
Misc. Civil Application / Ruling on Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Jurisdiction, Land Disputes Courts Act, Revocation of Right of Occupancy
Source Language
English
Civil Procedure Land Law Leave to Appeal Jurisdiction Land Disputes Courts Act Revocation of Right of Occupancy

Case Brief

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Parties

Saada Bakari

Applicant

Magreth Mkima

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Trial Court and appellate court had jurisdiction to entertain and determine the suit and appeal in view of the Land Disputes Courts Act, 2002 and Land Act, Cap 113 (R.E. 2002)
  2. 2 Whether the High Court had power to revoke the Applicant's right of occupancy without joining the authority responsible for land allocation and revocation as a party
  3. 3 Whether the High Court was correct in finding that allocating land prior to compensation was unprocedural and illegal

Ratio Decidendi

There is a point of law regarding jurisdiction that requires determination by the Court of Appeal, specifically whether the trial and appellate courts had jurisdiction in light of the Land Disputes Courts Act, 2002 and Land Act, Cap 113 (R.E. 2002), and whether the Chief Justice's secular applied to the instant case.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal of Tanzania is granted
  • Costs shall follow events