amani abeid vs hussein kisengo 2021 tzhclandd 263 23 june 2021

amani abeid vs hussein kisengo 2021 tzhclandd 263 23 june 2021

The District Land and Housing Tribunal was not properly constituted as it sat with only one assessor and failed to comply with the mandatory requirement for assessors to give their opinions in the presence of the parties before judgment. This noncompliance rendered the proceedings and resulting judgment a nullity.

Citation
amani abeid vs hussein kisengo 2021 tzhclandd 263 23 june 2021
Parties
Appellant: Amani A. Abeid; Respondent: Hussein Kisengo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 June 2021
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed; proceedings and judgment of the District Land and Housing Tribunal quashed and set aside; matter remitted for retrial before a new chairman and assessors; each party to bear its own costs.
Legal Topics
Tribunal Composition, Role of Assessors, Nullity of Proceedings, Remittal for Retrial
Source Language
English
Land Law Civil Procedure Tribunal Composition Role of Assessors Nullity of Proceedings Remittal for Retrial

Case Brief

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Parties

Amani A. Abeid

Appellant

Hussein Kisengo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was properly constituted as required by law
  2. 2 Whether assessors participated and gave their opinions in accordance with statutory requirements

Ratio Decidendi

The District Land and Housing Tribunal was not properly constituted as it sat with only one assessor and failed to comply with the mandatory requirement for assessors to give their opinions in the presence of the parties before judgment. This noncompliance rendered the proceedings and resulting judgment a nullity.

Court Disposition

Appeal allowed; proceedings and judgment of the District Land and Housing Tribunal quashed and set aside; matter remitted for retrial before a new chairman and assessors; each party to bear its own costs.

Orders

  • Proceedings and judgment of the District Land and Housing Tribunal quashed and set aside.
  • Record remitted for fresh and expeditious trial before another chairman with new assessors.