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Tanzania decisions
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Section 13(4) of the Land Disputes Courts Act does not require parties joined after initial mediation to undergo mediation before the ward tribunal; striking out the application for lack of mediation involving the joined party was improper.
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Absence of proper certification from the Ward Tribunal on failed mediation rendered the proceedings before the District Land and Housing Tribunal incompetent; only the Ward Tribunal can certify mediation, not the Ward Executive Officer.
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The trial tribunal had jurisdiction as mediation had occurred at the Ward Tribunal, and procedural amendment did not require remitting parties back. Change of chairman was instigated by appellant's accusations and no prejudice occurred as case was heard afresh. Evidence supported respondent's ownership; appellant failed to substantiate her claim.
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The CMA lacked jurisdiction to determine the dispute against HTT Infraco Limited because the substitution of the employer's name was not done in compliance with the mandatory procedural rules, was made out of time without condonation, and the dispute was not mediated against the applicant as required by law. All proceedings and the resulting award are a nullity.
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The High Court allowed a land appeal after finding the District Land and Housing Tribunal lacked jurisdiction because the dispute bypassed Ward Tribunal mediation.
The Tribunal erred by prematurely determining the preliminary objection as a pure question of law without proof of disputed facts regarding mediation. The inability of the Ward Tribunal to mediate within thirty days is a mixed question of fact and law requiring evidence. The decision was set aside and the matter remitted for trial on merits.
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The appellant was wrongly sued in her personal capacity despite disclosure as administratix of the estate; omission to join proper party vitiated proceedings. The trial Tribunal's proceedings and judgment are quashed and remitted for retrial with amended pleadings reflecting parties' status.
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Appellant was wrongly sued in personal capacity despite disclosure as administratix of estate; omission to join proper party vitiated proceedings. Proceedings and judgment quashed; pleadings to be amended and retried before different chairperson.
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The High Court dismissed a land appeal, upholding the lower tribunals on jurisdiction, mediation, quorum, and evidence, and ordered costs against the appellant.
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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