aaico company ltd vs jane jailos mahali suing a a next friend of joseph gasper malekela minor 5 others 2022 tzhc 15485 30 november 2022

aaico company ltd vs jane jailos mahali suing a a next friend of joseph gasper malekela minor 5 others 2022 tzhc 15485 30 november 2022

Although assessors were properly consulted and their written opinions were filed and availed to the parties, the tribunal judgment failed to consider or mention the opinions of the assessors as required by section 24 of the Land Disputes Courts Act. This omission is fatal to the judgment, which must be quashed and remitted for a fresh judgment in compliance with the law.

Citation
aaico company ltd vs jane jailos mahali suing a a next friend of joseph gasper malekela minor 5 others 2022 tzhc 15485 30 november 2022
Parties
Appellant: AAICO Company Ltd; 1st Respondent: Jane Jailos Mahali (Suing as next friend of Joseph Gasper Malekela, Minor); 2nd Respondent: Furaha Mligo; 3rd Respondent: Juma Mwankande; 4th Respondent: Julius Lupembe; 5th Respondent: Mwanashilu Kinywasi; 6th Respondent: Elistina Kilatu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2022
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Judgment and decree of the tribunal quashed and nullified; records remitted for fresh judgment by the same Chairman in compliance with section 24 of the Land Disputes Courts Act.
Legal Topics
Role of Assessors in Tribunal, Compliance With Land Disputes Courts Act, Judgment Composition Requirements
Source Language
English
Land Law Civil Procedure Role of Assessors in Tribunal Compliance With Land Disputes Courts Act Judgment Composition Requirements

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Parties

AAICO Company Ltd

Appellant

Jane Jailos Mahali (Suing as next friend of Joseph Gasper Malekela, Minor)

1st Respondent

Furaha Mligo

2nd Respondent

Juma Mwankande

3rd Respondent

Julius Lupembe

4th Respondent

Mwanashilu Kinywasi

5th Respondent

Elistina Kilatu

6th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether assessors were properly consulted and their opinions availed to parties
  2. 2 Whether the tribunal judgment sufficiently considered the opinions of assessors as required by law
  3. 3 Proper remedy for failure to consider assessors' opinions in judgment

Ratio Decidendi

Although assessors were properly consulted and their written opinions were filed and availed to the parties, the tribunal judgment failed to consider or mention the opinions of the assessors as required by section 24 of the Land Disputes Courts Act. This omission is fatal to the judgment, which must be quashed and remitted for a fresh judgment in compliance with the law.

Court Disposition

Judgment and decree of the tribunal quashed and nullified; records remitted for fresh judgment by the same Chairman in compliance with section 24 of the Land Disputes Courts Act.

Orders

  • Judgment and decree of the District Land and Housing Tribunal dated 27th August 2020 nullified.
  • Records remitted to the trial tribunal for the same Chairman to compose a fresh judgment according to law.