20160728 TZCA Iringa

The trial was not conducted by a duly constituted tribunal as required by law due to the improper involvement and change of assessors and the absence of their opinions on record, which are incurable irregularities that vitiate the proceedings and judgments.

Citation: 20160728 TZCA Iringa
Parties: Appellant: Ameir Mbarak; Appellant: Azania Bank Corp Ltd; Respondent: Edgar Kahwili
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 July 2016
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: proceedings and judgments nullified
Legal Topics: Composition of Tribunal, Role of Assessors, Nullity of Proceedings, Fair Trial
Source Language: English

Civil Procedure Land Law Composition of Tribunal Role of Assessors Nullity of Proceedings Fair Trial

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Ameir Mbarak

Appellant

Azania Bank Corp Ltd

Appellant

Edgar Kahwili

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial at the District Land and Housing Tribunal was properly constituted due to the involvement and change of assessors
2 Whether the omission of assessors' opinions on record vitiated the proceedings
3 Whether such irregularities are curable under section 45 of the Land Disputes Courts Act

Ratio Decidendi

Court Disposition

proceedings and judgments nullified

Orders

Proceedings and judgments of the Tribunal and the High Court in Land Appeal Case No 16 of 2010 and Misc Civil Application No 1 of 2012 are nullified.
Any party may recommence the action in a court of competent jurisdiction subject to the law of limitation.