20170425 TZHC Mwanza
The absence of assessors during the trial and their failure to participate as required by law rendered the proceedings before the District Land and Housing Tribunal a nullity.
- Citation
- 20170425 TZHC Mwanza
- Parties
- Appellant: Kwilabya Mada; Respondent: Masunga Cherehani
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 April 2017
- Procedural Posture
- Land Appeal / Appeal From District Land and Housing Tribunal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Tribunal Composition, Assessors' Participation, Nullity of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kwilabya Mada
Appellant
Masunga Cherehani
Respondent
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Judgment
Legal Issues
- 1 Whether the trial Tribunal was properly constituted with assessors as required by law
- 2 Whether the absence of assessors renders the proceedings a nullity
Ratio Decidendi
The absence of assessors during the trial and their failure to participate as required by law rendered the proceedings before the District Land and Housing Tribunal a nullity.
Court Disposition
Appeal allowed
Orders
- Entire proceedings before the trial Tribunal declared a nullity
- Proceedings quashed and set aside
Full Case Text
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