virgilia benreti mbawala vs amina mgaya another 2023 tzhc 281 14 february 2023

virgilia benreti mbawala vs amina mgaya another 2023 tzhc 281 14 february 2023

Annulment of proceedings for non-compliance with rule 12(1) was improper where parties understood the details of the claim and no prejudice was occasioned; the overriding objective and section 45 of Cap 206 require substantive justice over procedural technicalities.

Citation
virgilia benreti mbawala vs amina mgaya another 2023 tzhc 281 14 february 2023
Parties
Applicant: Virgilia Benreti Mbawala; 1st Respondent: Amina Mgaya; 2nd Respondent: Fortunatus Ngonyani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 February 2023
Procedural Posture
Land Revision / Ruling on Revision Against Tribunal's Order Annulling Proceedings
Outcome
Order of annulment quashed; proceedings to continue from where they ended.
Legal Topics
Revision, Procedural Irregularity, Miscarriage of Justice
Source Language
English
Land Law Civil Procedure Revision Procedural Irregularity Miscarriage of Justice

Case Brief

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Parties

Virgilia Benreti Mbawala

Applicant

Amina Mgaya

1st Respondent

Fortunatus Ngonyani

2nd Respondent

Procedural Posture

Land Revision / Ruling on Revision Against Tribunal's Order Annulling Proceedings

Legal Issues

  1. 1 Whether non-compliance with rule 12(1) and (2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003, G.N. No. 174 of 2003, warranted annulment of proceedings
  2. 2 Whether the omission occasioned or was likely to occasion miscarriage of justice

Ratio Decidendi

Annulment of proceedings for non-compliance with rule 12(1) was improper where parties understood the details of the claim and no prejudice was occasioned; the overriding objective and section 45 of Cap 206 require substantive justice over procedural technicalities.

Court Disposition

Order of annulment quashed; proceedings to continue from where they ended.

Orders

  • Order of the Tribunal Chairman dated 13/10/2022 quashed.
  • Matter to proceed from the stage reached on 15/09/2022 for the First Respondent to summon the fourth witness.