wilson lusiji vs yunith lungwa 2017 tzhc 2291 16 august 2017

wilson lusiji vs yunith lungwa 2017 tzhc 2291 16 august 2017

The proceedings before the Ward Tribunal and the District Land and Housing Tribunal were a nullity because there was no proper authority for the respondent to represent Dinna Fumbi, and the required procedures regarding representation and tribunal member listing were not followed.

Citation
wilson lusiji vs yunith lungwa 2017 tzhc 2291 16 august 2017
Parties
Appellant: Wilson Lusiji; Respondent: Yunith Lungwa; Respondent's Mother: Dinna Fumbi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 2017
Procedural Posture
Misc. Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
Outcome
Appeal allowed to the extent that all previous proceedings are quashed as a nullity; case to be heard afresh.
Legal Topics
Representation Before Tribunals, Nullity of Proceedings, Revisional Powers of High Court
Source Language
English
Land Law Civil Procedure Representation Before Tribunals Nullity of Proceedings Revisional Powers of High Court

Case Brief

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Parties

Wilson Lusiji

Appellant

Yunith Lungwa

Respondent

Dinna Fumbi

Respondent's Mother

Procedural Posture

Misc. Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal

Legal Issues

  1. 1 Whether the respondent was properly authorized to represent Dinna Fumbi before the Ward Tribunal
  2. 2 Whether the list of members at the Ward Tribunal was properly shown during the trial
  3. 3 Whether the proceedings before the Ward Tribunal and District Land and Housing Tribunal were valid

Ratio Decidendi

The proceedings before the Ward Tribunal and the District Land and Housing Tribunal were a nullity because there was no proper authority for the respondent to represent Dinna Fumbi, and the required procedures regarding representation and tribunal member listing were not followed.

Court Disposition

Appeal allowed to the extent that all previous proceedings are quashed as a nullity; case to be heard afresh.

Orders

  • Ward Tribunal and District Land and Housing Tribunal proceedings quashed.
  • Case to be heard afresh between Wilson Lusiji and Dinna Fumbi unless proper representation is established.