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The proceedings were vitiated due to improper composition and lack of clarity regarding quorum of the Ward Tribunal, which are jurisdictional defects that render the proceedings and judgments of both lower tribunals null and void.
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The proceedings and judgment of the Mtumbatu Ward Tribunal were a nullity due to lack of recorded quorum and improper participation of the secretary, rendering the subsequent appeal to the District Land and Housing Tribunal incompetent for want of jurisdiction. All proceedings and decisions are set aside.
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High Court allowed a second land appeal, holding that defects in Ward Tribunal composition and quorum rendered the proceedings a nullity and deprived the tribunal of jurisdiction.
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 EACJ Appellate Division held that quorum for Council meetings is governed by the Rules of Procedure, and dismissed the appeal by the East Africa Law Society.
High Court land appeal dismissed after holding that Ward Tribunal quorum compliance was sufficiently shown and the appeal lacked merit.
High Court Land Division dismissed a second appeal, upholding that the Ward Tribunal was properly constituted and that appellants had admitted trespass.
The District Land and Housing Tribunal proceedings were a nullity due to failure to properly involve assessors as required by law, failure to record their presence, and failure to read their opinions to the parties before judgment, which are fatal procedural irregularities.
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High Court land appeal holding the Ward Tribunal was improperly constituted because it lacked a female member and the secretary could not count as a member.
The High Court allowed a sole surviving director to call a shareholders’ meeting so the company could appoint an additional director after the co-director’s death.
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