stelina kakingo vs patrick ngwale 2015 tzhclandd 5 16 april 2015

Both the District Land and Housing Tribunal and the Ward Tribunal proceedings are a nullity for omission of the late Daniel Stanley Ngwale, the actual owner of the suit land, as a party. A fresh trial is ordered to include the proper party.

Citation: stelina kakingo vs patrick ngwale 2015 tzhclandd 5 16 april 2015
Parties: Appellant: Stelina Kakingo; Respondent: Patrick Ngwale
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 16 April 2015
Procedural Posture: Land Appeal / Appeal From District Land and Housing Tribunal to High Court
Outcome: Proceedings nullified; fresh trial ordered
Legal Topics: Adverse Possession, Locus Standi, Role of Assessors, Proper Party to Sue or Be Sued
Source Language: English

Land Law Adverse Possession Locus Standi Role of Assessors Proper Party to Sue or Be Sued

Case Brief

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Parties

Stelina Kakingo

Appellant

Patrick Ngwale

Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal to High Court

Legal Issues

1 Whether the doctrine of adverse possession applies to the appellant's claim
2 Whether the District Land and Housing Tribunal erred by disregarding the opinion of assessors without genuine reasons
3 Whether the respondent had proper locus standi to sue or be sued in his own name

Ratio Decidendi

Court Disposition

Proceedings nullified; fresh trial ordered

Orders

Entire proceedings at the Ward Tribunal and District Land and Housing Tribunal nullified
Fresh trial to be conducted including the name of the deceased Daniel Stanley Ngwale