salome samson sambaa vs andrea mpume muna 2020 tzhc 4656 15 december 2020

salome samson sambaa vs andrea mpume muna 2020 tzhc 4656 15 december 2020

The trial tribunal lacked jurisdiction to entertain Land Application No. 13 of 2019 as the matter was res judicata, rendering all proceedings and decisions therein a nullity.

Citation
salome samson sambaa vs andrea mpume muna 2020 tzhc 4656 15 december 2020
Parties
Appellant: Salome Samson Sambaa; Respondent: Andrea Mpume Muna
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Res Judicata, Jurisdiction, Land Disputes
Source Language
English

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Parties

Salome Samson Sambaa

Appellant

Andrea Mpume Muna

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the trial tribunal had jurisdiction to entertain Land Application No. 13 of 2019 in light of the doctrine of res judicata.

Ratio Decidendi

The trial tribunal lacked jurisdiction to entertain Land Application No. 13 of 2019 as the matter was res judicata, rendering all proceedings and decisions therein a nullity.

Court Disposition

Appeal allowed

Orders

  • Trial, record of proceedings, judgment, order and decree of the District Land and Housing Tribunal for Singida in Land Application No. 13 of 2019 are nullified and quashed.
  • Each party to bear their own costs.