20160720 TZHC Mwanza
The Ward Tribunal lacked jurisdiction as the disputed property exceeded the pecuniary limit. Proceedings and decisions of the lower courts are illegal, null, and void.
- Citation
- 20160720 TZHC Mwanza
- Parties
- Appellant: Tabu Gervas; Respondent: David Kazulunga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 July 2016
- Procedural Posture
- Miscellaneous Land Case Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Jurisdiction, Money Lending, Contractual Validity, Pecuniary Limits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tabu Gervas
Appellant
David Kazulunga
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Judgment
Legal Issues
- 1 Whether the Ward Tribunal had pecuniary jurisdiction to entertain the dispute
- 2 Whether the claim was time-barred
- 3 Whether the respondent was duly licensed to carry out money lending business
Ratio Decidendi
The Ward Tribunal lacked jurisdiction as the disputed property exceeded the pecuniary limit. Proceedings and decisions of the lower courts are illegal, null, and void.
Court Disposition
appeal allowed
Orders
- Proceedings and decisions of the Ward Tribunal and District Land and Housing Tribunal declared illegal, null, and void
- Appellant to take possession and occupy her house
Full Case Text
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