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Tanzania decisions
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The DLHT lacked jurisdiction to execute the Trial Tribunal's judgment as the agreement was not valid and the Trial Tribunal's proceedings and orders were nullified due to lack of jurisdiction following statutory amendments.
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The High Court dismissed a land appeal, holding the underlying dispute was not a land dispute and that the District Tribunal did not need to nullify the Ward Tribunal proceedings.
Appeal dismissed: the appellant failed to establish sufficient cause for extension of time to appeal, including the alleged illegality and lack of jurisdiction.
The Ward Tribunal lacked jurisdiction to adjudicate land disputes after 11 October 2021 due to the Written Laws (Miscellaneous Amendments) Act No.3 of 2021. The DLHT should have exercised its revisional powers to nullify the Ward Tribunal's decision, and all subsequent proceedings based on a nullity are themselves nullities.
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The Ward Tribunal lacked jurisdiction to determine the land dispute after the 2021 amendment; both the trial and appellate tribunals acted without jurisdiction, rendering their proceedings and judgments null.
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The evidence established that Ruaha Ward Tribunal did not exist in 2014, so Ruhembe Ward Tribunal had jurisdiction to entertain the dispute. The appellate tribunal erred in disregarding this evidence and nullifying the trial tribunal's decision. The burden to prove lack of jurisdiction was on the respondents, which they failed to discharge.
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The District Land and Housing Tribunal lacked jurisdiction to entertain an appeal from a criminal case decided by the Ward Tribunal; such appeals properly lie to the Primary Court. The proceedings and decision of the District Land and Housing Tribunal are a nullity and must be quashed and set aside.
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The High Court allowed a land appeal, holding that the Ward Tribunal lacked appellate jurisdiction and that the lower proceedings were incurably defective and a nullity.
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