amri shabani gunda vs salum mohamed mashauri 2022 tzca 233 5 may 2022

The trial was vitiated because none of the assessors was present throughout the proceedings, and the opinions of assessors were not properly given or read out to the parties, rendering the proceedings and judgments a nullity.

Citation: amri shabani gunda vs salum mohamed mashauri 2022 tzca 233 5 may 2022
Parties: Appellant: Amri Shabani Gunda; Respondent: Salum Mohamed Mashauri
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 May 2022
Procedural Posture: Civil Appeal / Ruling on Appeal
Outcome: proceedings and judgments of the DLHT and High Court nullified; retrial ordered
Legal Topics: Composition of Tribunal, Role of Assessors, Nullity of Proceedings, Retrial Orders
Source Language: English

Civil Procedure Land Law Composition of Tribunal Role of Assessors Nullity of Proceedings Retrial Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2

Parties

Amri Shabani Gunda

Appellant

Salum Mohamed Mashauri

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

1 Whether the trial at the District Land and Housing Tribunal was vitiated by irregular involvement of assessors
2 Whether the opinions of assessors were properly given and read out to parties as required by law

Ratio Decidendi

Court Disposition

proceedings and judgments of the DLHT and High Court nullified; retrial ordered

Orders

Proceedings and judgments of the District Land and Housing Tribunal and the High Court are nullified.
Case file to be returned to the District Land and Housing Tribunal for retrial before another Chairman and new set of assessors.