2

2

The court is not functus officio as the previous appeal was dismissed for being time barred and not determined on merit. The High Court lacks jurisdiction to revise Ward Tribunal decisions directly, but has jurisdiction to revise decisions of the District Land and Housing Tribunal, which by extension may include records from the Ward Tribunal when the matter has passed through the DLHT.

Citation
2
Parties
Applicant: Seliva Jelasi Singoi; 1st Respondent: Kinison Singoi; 2nd Respondent: Johnson Singoi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Extension of Time, Jurisdiction, Functus Officio, Revision Proceedings
Source Language
English
Civil Procedure Land Law Extension of Time Jurisdiction Functus Officio Revision Proceedings

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Parties

Seliva Jelasi Singoi

Applicant

Kinison Singoi

1st Respondent

Johnson Singoi

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court is functus officio regarding the subject matter due to prior proceedings
  2. 2 Whether the High Court has jurisdiction to revise decisions of the Ward Tribunal

Ratio Decidendi

The court is not functus officio as the previous appeal was dismissed for being time barred and not determined on merit. The High Court lacks jurisdiction to revise Ward Tribunal decisions directly, but has jurisdiction to revise decisions of the District Land and Housing Tribunal, which by extension may include records from the Ward Tribunal when the matter has passed through the DLHT.

Court Disposition

Preliminary objection overruled

Orders

  • The court will proceed to hear the application for extension of time to file revision against the decisions of both lower tribunals.
  • No order as to costs.