sospeter ramadhani others vs mchiwa chedego 2020 tzhc 3995 10 november 2020

sospeter ramadhani others vs mchiwa chedego 2020 tzhc 3995 10 november 2020

The High Court cannot exercise revisional jurisdiction where an appeal lies from the order or decree in question; since the orders and decrees of the Ward Tribunal and District Land and Housing Tribunal are appealable, revision is incompetent and the application is dismissed for want of jurisdiction.

Citation
sospeter ramadhani others vs mchiwa chedego 2020 tzhc 3995 10 november 2020
Parties
Applicant: Sospeter Ramadhani; Applicant: Daniel Nghambi; Applicant: Mwl Vaileth Sahal; Respondent: Mchiwa Chedego
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2020
Procedural Posture
Land Revision / Judgment
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Revision Jurisdiction, Ward Tribunal Procedure, Appeal Vs Revision, Quorum and Constitution of Tribunals
Source Language
English
Land Law Civil Procedure Revision Jurisdiction Ward Tribunal Procedure Appeal Vs Revision Quorum and Constitution of Tribunals

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Parties

Sospeter Ramadhani

Applicant

Daniel Nghambi

Applicant

Mwl Vaileth Sahal

Applicant

Mchiwa Chedego

Respondent

Procedural Posture

Land Revision / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise proceedings where an appeal lies from the lower tribunal's decision
  2. 2 Whether procedural irregularities at the Ward Tribunal and District Land and Housing Tribunal justify revision

Ratio Decidendi

The High Court cannot exercise revisional jurisdiction where an appeal lies from the order or decree in question; since the orders and decrees of the Ward Tribunal and District Land and Housing Tribunal are appealable, revision is incompetent and the application is dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • Application for Revision No.4 of 2019 is dismissed.