stivin so kandawile vs revocatus so mwanamyoto and another 2020 tzhc 1028 21 may 2020
The District Land and Housing Tribunal lacked jurisdiction to entertain the application as the disputed house was part of the deceased's estate under administration by the probate court; all interested parties must pursue their claims in the probate proceedings.
- Citation
- stivin so kandawile vs revocatus so mwanamyoto and another 2020 tzhc 1028 21 may 2020
- Parties
- Appellant: Stivin s/o Kan Dawile; 1st Respondent: Revocatus s/o Mwanamyoto; 2nd Respondent: Ladislaus Leonard Sonkwe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 May 2020
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Jurisdiction, Res Judicata, Administration of Estates, Joinder of Parties, Assessors' Opinion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stivin s/o Kan Dawile
Appellant
Revocatus s/o Mwanamyoto
1st Respondent
Ladislaus Leonard Sonkwe
2nd Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the trial tribunal had jurisdiction to determine the matter
- 2 Whether the matter was res judicata
- 3 Whether non-joinder of necessary party vitiated proceedings
Ratio Decidendi
The District Land and Housing Tribunal lacked jurisdiction to entertain the application as the disputed house was part of the deceased's estate under administration by the probate court; all interested parties must pursue their claims in the probate proceedings.
Court Disposition
appeal allowed
Orders
- Judgment and proceedings of the trial tribunal are nullified.
- No order as to costs.
Full Case Text
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