The Respondent sued the applicant in his capacity as Kitongoji Chairman at the District Land and Housing Tribunal of Kilombero/Ulanga. The trial Tribunal proceeded ex parte. According to the applicant he came to learn of the suit when the Court Broker seized his belongings in execution of an alleged ex parte decree against him. The applicant brought this application to challenge the legality of the decision of the Tribunal. The Tribunal had not yet issued any decree at the time of execution. Furthermore, the applicant contended that once elected the Chairman of Kitongoji becomes a member of Township Authority. A member of a Township or District Council could not be held personally liable for any act done in pursuance of his duties as a member of the said authority or council. The Respondent failed to give a month notice to the applicant, a procedure prescribed under section 190 and 192 of the Local Government District Authorities Act [Cap 287 R.E. 2002].
In his replying submissions, the Respondent stated that he saw nothing wrong to sue the applicant in his personal capacity because he had acted beyond his administrative capacity as Kitongoji Chairman. Respondent also wondered why the applicant did not raise the issue of capacity to be sued before the Tribunal.