sospeter kahindi vs mbeshi mashini 2018 tzca 223 9 october 2018

sospeter kahindi vs mbeshi mashini 2018 tzca 223 9 october 2018

The appellant failed to establish with evidence that the value of the disputed land exceeded the Ward Tribunal's pecuniary jurisdiction. The jurisdictional objection was raised only after the close of evidence and was unsupported by proof. The proceedings were not a nullity, and the appeal lacked merit.

Citation
sospeter kahindi vs mbeshi mashini 2018 tzca 223 9 october 2018
Parties
Appellant: Sospeter Kahindi; Respondent: Mbeshi Mashini
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 October 2018
Procedural Posture
Civil Appeal / Third Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Pecuniary Jurisdiction, Land Ownership, Limitation of Actions
Source Language
English
Land Law Civil Procedure Pecuniary Jurisdiction Land Ownership Limitation of Actions

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Parties

Sospeter Kahindi

Appellant

Mbeshi Mashini

Respondent

Procedural Posture

Civil Appeal / Third Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Ward Tribunal had pecuniary jurisdiction to determine the land dispute given the alleged value of the land exceeded statutory limits
  2. 2 Whether the proceedings and judgment of the Ward Tribunal were a nullity for want of jurisdiction

Ratio Decidendi

The appellant failed to establish with evidence that the value of the disputed land exceeded the Ward Tribunal's pecuniary jurisdiction. The jurisdictional objection was raised only after the close of evidence and was unsupported by proof. The proceedings were not a nullity, and the appeal lacked merit.

Court Disposition

appeal dismissed

Orders

  • Decision of the High Court upheld
  • Appeal dismissed with costs