20161107 TZHC Dodoma
The proceedings of the trial tribunal were vitiated because the assessors gave their opinion jointly rather than separately, as required by law. This procedural irregularity rendered the proceedings null and void.
- Citation
- 20161107 TZHC Dodoma
- Parties
- Appellant: Aza Asini; Respondents: Ahmed Yasini and 2 Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 November 2016
- Procedural Posture
- Land Appeal / Appellate Judgment
- Outcome
- Appeal dismissed; trial tribunal proceedings quashed and set aside; case to be heard afresh by a different Chairman and assessors; no order as to costs.
- Legal Topics
- Tribunal Procedure, Role of Assessors, Nullification of Proceedings
- Source Language
- English
Case Brief
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Parties
Aza Asini
Appellant
Ahmed Yasini and 2 Others
Respondents
Procedural Posture
Land Appeal / Appellate Judgment
Legal Issues
- 1 Whether the joint opinion of assessors vitiated the proceedings of the District Land and Housing Tribunal
Ratio Decidendi
The proceedings of the trial tribunal were vitiated because the assessors gave their opinion jointly rather than separately, as required by law. This procedural irregularity rendered the proceedings null and void.
Court Disposition
Appeal dismissed; trial tribunal proceedings quashed and set aside; case to be heard afresh by a different Chairman and assessors; no order as to costs.
Orders
- Proceedings of the District Land and Housing Tribunal declared null and void and quashed.
- All orders of the trial tribunal set aside.
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