20161021 TZHC Dodoma

20161021 TZHC Dodoma

The District Land and Housing Tribunal's decision is invalid due to violation of Section 24 of the Land Disputes Courts Act, Cap. 216; the proper remedy is to order the appeal to be reheard at the Tribunal by a different Chairman and Assessors.

Citation
20161021 TZHC Dodoma
Parties
Appellant: Stanley Sulutya; Respondent: Dickson N. Malayi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 2016
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Procedural Objection
Outcome
Appeal to be reheard
Legal Topics
Tribunal Procedure, Appeal, Statutory Compliance
Source Language
English
Land Law Civil Procedure Tribunal Procedure Appeal Statutory Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Stanley Sulutya

Appellant

Dickson N. Malayi

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Procedural Objection

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal's decision is valid given non-compliance with Section 24 of the Land Disputes Courts Act, Cap. 216
  2. 2 Whether the appeal should be reheard or the case retried at the Ward Tribunal

Ratio Decidendi

The District Land and Housing Tribunal's decision is invalid due to violation of Section 24 of the Land Disputes Courts Act, Cap. 216; the proper remedy is to order the appeal to be reheard at the Tribunal by a different Chairman and Assessors.

Court Disposition

Appeal to be reheard

Orders

  • The appeal lodged by the respondent at the District Land and Housing Tribunal shall be heard again by another Chairman with a different set of Assessors.