20161208 TZHC Dodoma

Failure to indicate names of tribunal members in each sitting undermines certainty of quorum and validity of proceedings; such irregularity renders the proceedings null.

Citation: 20161208 TZHC Dodoma
Parties: Appellant: Yohana Mamisi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 December 2016
Procedural Posture: Miscellaneous Land Case Appeal / Ruling on Validity of Tribunal Proceedings
Outcome: proceedings quashed and decisions set aside; matter to start afresh
Legal Topics: Ward Tribunal Proceedings, Quorum Requirements, Revisionary Powers
Source Language: English

Land Law Civil Procedure Ward Tribunal Proceedings Quorum Requirements Revisionary Powers

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Parties

Yohana Mamisi

Appellant

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Validity of Tribunal Proceedings

Legal Issues

1 Whether the proceedings of Msisi Ward Tribunal were valid given the failure to indicate names and presence of tribunal members
2 Whether the quorum requirement was met in each sitting

Ratio Decidendi

Failure to indicate names of tribunal members in each sitting undermines certainty of quorum and validity of proceedings; such irregularity renders the proceedings null.

Court Disposition

proceedings quashed and decisions set aside; matter to start afresh

Orders

Quash the whole proceedings of Msisi Ward Tribunal and set aside its decision
Quash proceedings and set aside decision of District Land and Housing Tribunal