siri sangiwa vs abdallah a abdallah 2021 tzhclandd 779 29 october 2021

The tribunal committed a fundamental procedural error by raising and deciding the issue of locus standi suo motu without affording the parties the right to be heard, resulting in a miscarriage of justice and rendering the decision a nullity.

Citation: siri sangiwa vs abdallah a abdallah 2021 tzhclandd 779 29 october 2021
Parties: Appellant: Siri Sangiwa; 1st Respondent: Abdalla Ahmed Abdallah; 2nd Respondent: Mrs. Tahaya Ahmed Abdalla
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 October 2021
Procedural Posture: Land Appeal / Judgment on First Appeal
Outcome: Appeal allowed
Legal Topics: Locus Standi, Right to Be Heard, Matrimonial Property, Ownership of Land, Procedural Fairness
Source Language: English

Land Law Civil Procedure Locus Standi Right to Be Heard Matrimonial Property Ownership of Land Procedural Fairness

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Parties

Siri Sangiwa

Appellant

Abdalla Ahmed Abdallah

1st Respondent

Mrs. Tahaya Ahmed Abdalla

2nd Respondent

Procedural Posture

Land Appeal / Judgment on First Appeal

Legal Issues

1 Whether the tribunal erred by raising locus standi suo motu without hearing parties
2 Whether the tribunal failed to consider evidence of ownership and matrimonial property
3 Whether the tribunal failed to properly evaluate evidence

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment of the District Land and Housing Tribunal for Temeke in Land Application No. 42 of 2016 quashed
File remitted to the District Land and Housing Tribunal for Temeke for proceedings before a different Chairman and composition of a new judgment