20160728 TZCA Iringa

The trial was not conducted by a duly constituted Tribunal as required by law due to improper change of assessors and absence of their opinion, rendering the proceedings and judgments a nullity.

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
Outcome: proceedings and judgments of Tribunal and High Court nullified
Legal Topics: Tribunal Composition, Assessors' Opinion, Nullity of Proceedings, Extension of Time
Source Language: English

Civil Procedure Land Law Tribunal Composition Assessors' Opinion Nullity of Proceedings Extension of Time

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Full judgment text Downloadable case file Legal principles 4 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

Legal Issues

1 Whether the trial was properly constituted with assessors throughout
2 Whether omission of assessors' opinion vitiates the proceedings
3 Whether irregularities are curable under section 45 of the Land Disputes Courts Act

Ratio Decidendi

The trial was not conducted by a duly constituted Tribunal as required by law due to improper change of assessors and absence of their opinion, rendering the proceedings and judgments a nullity.

Court Disposition

proceedings and judgments of Tribunal and High Court nullified

Orders

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