annalydia gosbert rutunda as legal administratrix of estate of the late gosbert rutunda vs harold eliud mtunga and another 2023 tzhc 16905 28 april 2023

The irregular participation and replacement of assessors during the trial, with those giving opinion not present throughout, violated statutory requirements and rendered the proceedings, judgment, and decree of the DLHT null and void, necessitating remittal for retrial.

Citation: annalydia gosbert rutunda as legal administratrix of estate of the late gosbert rutunda vs harold eliud mtunga and another 2023 tzhc 16905 28 april 2023
Parties: Appellant: Annalyidia Gosbert Rutunda; 1st Respondent: Harold Eliud Mtunga; 2nd Respondent: Jackson Eliud Mtunga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 April 2023
Procedural Posture: Land Case Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Participation of Assessors, Nullity of Proceedings, Remittal for Retrial
Source Language: English

Land Law Civil Procedure Participation of Assessors Nullity of Proceedings Remittal for Retrial

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Parties

Annalyidia Gosbert Rutunda

Appellant

Harold Eliud Mtunga

1st Respondent

Jackson Eliud Mtunga

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

1 Whether irregular participation of assessors vitiates the proceedings
2 Whether the judgment and decree of the DLHT should be set aside

Ratio Decidendi

Court Disposition

appeal allowed

Orders

proceedings, judgment, and decree of DLHT nullified, quashed, and set aside
case remitted to DLHT for retrial before different chairman and assessors