Tanzania Case Law

nelson yohana maiwe vs philipo musa semgomba 2023 tzhc 22621 31 october 2023

Court

TZHC

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.

Source excerpt

• Ward tribunal jurisdiction
• Quorum requirements
• Nullity of proceedings
• Revisional powers of high court

Read case analysis

james ngeleja under power of attorney issued by mary agne mpelumbe the administartor of drisaya simoni mpelumbe vs agness mhando 59 others 2022 tzhclandd 12376 3 octob

Court

TANZLII

The proceedings and judgment of the District Land and Housing Tribunal were fundamentally irregular due to insufficient description of the disputed land, lack of clarity and adoption regarding affidavits in lieu of oral testimony, and failure to properly record and read assessors' opinions to the parties. These irregularities rendered the judgment a nullity, requiring the High Court to quash the proceedings and order a retrial.

Source excerpt

• Pecuniary jurisdiction
• Proof of ownership
• Description of land
• Use of affidavits in evidence
• Role of assessors
• Procedural irregularities

Read case analysis

wilson lusiji vs yunith lungwa 2017 tzhc 2291 16 august 2017

Court

TZHC

The High Court quashed Ward Tribunal and District Land and Housing Tribunal proceedings for defective representation of a party, ordering the land dispute to be heard afresh.

• Representation before tribunals
• Nullity of proceedings
• Revisional powers of high court
• Land-law
• Civil-procedure
• Tribunal-procedure

Read case analysis

yohana hamisi vs jumanne ngwadi 2016 tzhc 2035 8 december 2016

Court

TZHC

The High Court quashed Ward Tribunal and District Land and Housing Tribunal proceedings because the record did not show which members sat, leaving quorum uncertain.

• Ward tribunal quorum
• Validity of tribunal proceedings
• Revisional powers of high court
• Ward-tribunal-quorum
• Tribunal-procedure
• Land-dispute-appeals

Read case analysis