abdul hamisi vs josephat karoli 2022 tzhc 11768 28 april 2022

abdul hamisi vs josephat karoli 2022 tzhc 11768 28 april 2022

The trial tribunal failed to comply with Regulation 12 and did not afford the appellant a fair hearing, violating the principle of natural justice and constitutional right to be heard. The irregularities affected the fairness of the proceedings and cannot be cured by the overriding objective principle or section 45 of the Land Disputes Courts Act.

Citation
abdul hamisi vs josephat karoli 2022 tzhc 11768 28 april 2022
Parties
Appellant: Abdul Hamisi; Respondent: Josephat Karoli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2022
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Right to Be Heard, Fair Trial, Regulation Compliance, Natural Justice
Source Language
English
Land Law Civil Procedure Right to Be Heard Fair Trial Regulation Compliance Natural Justice

Case Brief

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Parties

Abdul Hamisi

Appellant

Josephat Karoli

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was afforded a fair hearing as required by law
  2. 2 Whether Regulation 12 of the Land Disputes (District and Land Housing Tribunal) Regulations, 2003 was complied with
  3. 3 Whether the trial tribunal's irregularities affected the fairness of the proceedings

Ratio Decidendi

The trial tribunal failed to comply with Regulation 12 and did not afford the appellant a fair hearing, violating the principle of natural justice and constitutional right to be heard. The irregularities affected the fairness of the proceedings and cannot be cured by the overriding objective principle or section 45 of the Land Disputes Courts Act.

Court Disposition

appeal allowed

Orders

  • Proceedings of the trial tribunal nullified
  • Decision and orders of the DLHT quashed and set aside