LAND CASE NO

The requirement for mediation at the ward tribunal and a certificate of failure applies only to District Land and Housing Tribunals, not to the High Court. Therefore, the High Court has jurisdiction to entertain the suit without such certificate.

Source-derived case information.

Citation: LAND CASE NO
Parties: Plaintiff: Samwel Dickson Enock; 1st Defendant: Godfrey Mtega; 2nd Defendant: Elrehema Maro
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2021
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Preliminary objection overruled
Legal Topics: Jurisdiction, Preliminary Objection, Mediation Requirement, Land Disputes Courts Act
Source Language: english

Land Law Civil Procedure Jurisdiction Preliminary Objection Mediation Requirement Land Disputes Courts Act

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Samwel Dickson Enock

Plaintiff

Godfrey Mtega

1st Defendant

Elrehema Maro

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the High Court has jurisdiction to entertain the suit without a certificate of mediation from the ward tribunal as per Section 13(4) of the Land Disputes Courts Act

Ratio Decidendi

Court Disposition

Preliminary objection overruled

Orders

Matter to proceed on merits
Costs shall be in the course

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