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Tanzania decisions
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The High Court dismissed an application to revise a land tribunal decision, holding the Ward Tribunal had no jurisdiction and the challenged award was void.
The High Court granted extension of time to appeal, holding the appellant had shown a plausible reason for delay and raised an unrefuted claim of being unheard.
The High Court dismissed a land revision application, holding that challenges to Ward Tribunal decisions must first go to the District Land and Housing Tribunal.
The appeal lacks merit as the ward tribunal had jurisdiction, mediation was not mandatory due to parties' unwillingness, quorum was met, evidence was properly evaluated, and legal reasoning was present.
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The appellant, not being a party in the Ward Tribunal proceedings, could not appeal but only seek revision; however, the dispute was about boundary and not the whole land, and the value was not established to exceed the Tribunal's jurisdiction, so no error was found to warrant quashing the decisions.
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The presence of the Tribunal Secretary's signature on the cover page of the proceedings, without evidence of participation in decision-making or inclusion in the list of participants, does not constitute an irregularity capable of vitiating the proceedings or decision unless it occasioned a failure of justice, which was not demonstrated by the appellant.
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The High Court judgment was nullified because it failed to address all grounds of appeal and addressed issues not raised by the parties, amounting to illegality and irregularity. The Court of Appeal exercised its revisional powers under section 4(3) of the Appellate Jurisdiction Act to remit the matter for rehearing.
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The Ward Tribunal lacked jurisdiction as the value of the disputed property exceeded its statutory limit; proceedings were a nullity and so were the appellate proceedings arising therefrom.
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Failure to ascertain the value of the land and improper tribunal composition rendered the proceedings and judgments of both lower tribunals nullity; the matter must be retried.
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The High Court dismissed an appeal over family houses sold by a lawful estate administrator, holding the Ward Tribunal lacked jurisdiction and the matter was res judicata.
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