alexander mashauri vs sala samwel 2020 tzhc 3769 30 october 2020

alexander mashauri vs sala samwel 2020 tzhc 3769 30 october 2020

Irregularities in the trial tribunal's proceedings, including failure to record tribunal composition during locus in quo, failure to disclose the value of the land in dispute, and improper recording of locus in quo visit, vitiated the proceedings and rendered them a nullity, thereby invalidating subsequent appellate proceedings.

Citation
alexander mashauri vs sala samwel 2020 tzhc 3769 30 october 2020
Parties
Appellant: Alexander Mashauri; Respondent: Sala Samwel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Proceedings nullified and judgments and orders quashed; liberty to file fresh case; no order as to costs.
Legal Topics
Tribunal Composition, Pecuniary Jurisdiction, Procedural Irregularities, Locus in Quo Visits
Source Language
English
Land Law Civil Procedure Tribunal Composition Pecuniary Jurisdiction Procedural Irregularities Locus in Quo Visits

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Parties

Alexander Mashauri

Appellant

Sala Samwel

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial tribunal was properly constituted during all proceedings
  2. 2 Whether the value of the land in dispute was disclosed to establish pecuniary jurisdiction
  3. 3 Whether the visit to locus in quo was properly conducted and recorded

Ratio Decidendi

Irregularities in the trial tribunal's proceedings, including failure to record tribunal composition during locus in quo, failure to disclose the value of the land in dispute, and improper recording of locus in quo visit, vitiated the proceedings and rendered them a nullity, thereby invalidating subsequent appellate proceedings.

Court Disposition

Proceedings nullified and judgments and orders quashed; liberty to file fresh case; no order as to costs.

Orders

  • Proceedings and judgments of Nyakato Ward Tribunal in Land Application No. 60 of 2018 and District Land and Housing Tribunal for Mara at Musoma in Appeal No. 48 of 2019 are nullified and quashed.
  • Any party may institute a fresh case before a competent tribunal, subject to limitation laws.