Tanzania Case Law

ajene donatila ruambo vs evans benson another 2023 tzhclandd 16578 23 june 2023

Court

TANZLII

The 1st respondent, while being a party to a pending High Court case involving the same property and parties, filed a similar case at the DLHT without disclosing the pendency of the High Court case and without joining the applicant, who had a valid interest in the property. This amounted to non-joinder of a necessary party and denial of the right to be heard, violating principles of natural justice and rendering the DLHT proceedings and judgment a nullity.

Source excerpt

• Revision of tribunal decisions
• Natural justice
• Non-joinder of necessary parties
• Fraudulent misrepresentation
• Res judicata

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hussein ally kamfunge administrator of the estate of of the late masuma soud mlombo vs amri mbaruku and another 2023 tzhc 17975 31 may 2023

Court

TZHC

The High Court allowed a land appeal, holding that the ward tribunal lacked pecuniary jurisdiction and that the appellant had been denied a fair hearing.

• Pecuniary jurisdiction
• Locus standi
• Right to be heard
• Coram
• Revision of tribunal decisions
• Land-law

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nelson mayombo another vs halima yasini masanja 2022 tzhc 15854 12 december 2022

Court

TZHC

The alleged errors raised by the applicants are not apparent on the face of the record, as they involve matters of law and require elaborate argument. No material error or injustice was established to warrant the exercise of revisional powers by the High Court. The application lacks merit and is dismissed with costs.

Source excerpt

• Revision of tribunal decisions
• Review of judgments
• Execution of judgments
• Jurisdiction
• Apparent error on the face of record

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nelson mayombo and another vs halima yasini masanja 2022 tzhc 15834 12 december 2022

Court

TZHC

The alleged errors raised by the applicants are not apparent on the face of the record as they require elaborate argument and pertain to matters of law, not obvious mistakes. No material error or injustice was established to warrant revision under the applicable statutes.

Source excerpt

• Revision of tribunal decisions
• Review of judgments
• Execution of judgments
• Apparent error on the face of record

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mwangaza yusuph mpelembe vs festo haule 2022 tzhclandd 12462 31 october 2022

Court

TANZLII

The High Court dismissed a land revision application, holding that the Deed of Settlement and tribunal record could not be impeached and that no material error justified revision.

• Revision of tribunal decisions
• Deed of settlement
• Loan disputes
• Court record authenticity
• Land-revision
• Deed-of-settlement

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shekhe salehe vs rose kiluvya another 2022 tzhclandd 12401 13 october 2022

Court

TANZLII

The applicant was not afforded the right to be heard in the original proceedings, which is a fundamental breach of natural justice, rendering the decision null and necessitating a retrial with the applicant included.

Source excerpt

• Right to be heard
• Natural justice
• Revision of tribunal decisions
• Functus officio
• Res judicata

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gloria edmund kileo vs deposit insurance as liquidator of efatha bank 4 others 2022 tzhclandd 12417 4 october 2022

Court

TANZLII

The High Court dismissed a land revision application challenging a tribunal strike-out for failure to serve summons, finding no material irregularity or injustice.

• Revision of tribunal decisions
• Service of summons
• Compliance with court orders
• Land-revision
• Service-of-summons
• Court-order-compliance

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jitinya luhende vs nkandi mwandu 2022 tzhc 11878 29 april 2022

Court

TZHC

The High Court nullified a land tribunal’s proceedings and decision for failing to show whether the matter was heard ex parte, and remitted the case for retrial.

• Ex-parte proceedings
• Revision of tribunal decisions
• Proper procedure for absent defendant
• Land-law
• Civil-procedure
• Ex-parte-proceedings

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access bank tanzania limited vs hamis said boga 2021 tzhclandd 392 27 august 2021

Court

TANZLII

The High Court revised a tribunal decision that granted execution without hearing the parties and while a stay application was pending.

• Revision of tribunal decisions
• Right to be heard
• Stay of execution
• Execution of decrees
• Land-revision
• Right-to-be-heard

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consensa boneventula vs abdallah mlama 2020 tzhc 1599 29 july 2020

Court

TZHC

Review is not available to the DLHT under Cap. 216, and the irregularities in the Ward Tribunal decisions and DLHT's order can only be remedied by revision. The DLHT's failure to quash defective decisions perpetuated injustice, warranting exercise of revisional powers under section 44 (1) of Cap. 216.

Source excerpt

• Revision of tribunal decisions
• Jurisdiction of appellate courts
• Remedies for irregularities
• Review vs revision

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