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Tanzania decisions
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The High Court granted a certificate on a point of law for a planned Court of Appeal challenge over whether a ward tribunal was properly constituted.
The High Court allowed a land appeal, quashed two lower tribunal judgments, and ordered a trial de novo after finding defects in tribunal composition and party capacity.
The High Court allowed a second land appeal, quashing lower tribunal proceedings because the Ward Tribunal was not properly constituted under the governing law.
The High Court allowed a land appeal, holding that the Ward Tribunal was improperly constituted because the record did not show the coram or members’ participation.
The High Court allowed a land appeal after finding the respondent had not sued the proper party. The lower tribunal decisions were quashed for lack of locus standi.
Illegality based on improper composition of the Ward Tribunal is apparent on the face of record and touches on jurisdiction, thus justifying extension of time to file notice of appeal.
Source excerpt
The ward tribunal's failure to display the gender status of its members in the proceedings and decision constituted a breach of section 11 of the Land Disputes Courts Act and established judicial practice, rendering all proceedings, decisions, and orders of the lower tribunals null and void.
Source excerpt
The High Court dismissed a land appeal, holding that the Village Executive Officer’s presence did not vitiate proceedings and the evidence supported a lease, not ownership.
The District Land and Housing Tribunal's decision was a nullity because it decided on the legality of the Ward Tribunal's composition without affording the parties the right to be heard, violating the principle of fair hearing.
Source excerpt
The High Court allowed a land appeal, holding that the Ward Tribunal proceedings were a nullity for improper composition and ordering a retrial before a properly constituted tribunal.
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