badru issa b adru vs omary kilendu 2024 tzca 50 15 february 2024

The proceedings and judgment of the Tribunal and the High Court were nullities due to improper composition and irregular involvement of assessors, and the absence of assessors' opinions in the record, requiring the matter to be remitted for retrial.

Citation: badru issa b adru vs omary kilendu 2024 tzca 50 15 february 2024
Parties: Appellant: Badru Issa Badru; 1st Respondent: Omary Kilendu; 2nd Respondent: Hashim Rungwe t/a H. Rungwe Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 15 February 2024
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Tribunal Composition, Assessors' Opinions, Nullity of Proceedings, Sale of Land, Bonafide Purchaser
Source Language: English

Land Law Civil Procedure Tribunal Composition Assessors' Opinions Nullity of Proceedings Sale of Land Bonafide Purchaser

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Parties

Badru Issa Badru

Appellant

Omary Kilendu

1st Respondent

Hashim Rungwe t/a H. Rungwe Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether improper composition of the Tribunal and irregular involvement of assessors rendered the proceedings a nullity
2 Whether the absence of assessors' opinions in the record vitiated the trial
3 Whether the High Court's decision could stand given the nullity of the Tribunal proceedings

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Proceedings and judgments of the Tribunal and High Court are nullified.
Matter remitted to the Tribunal for Kinondoni for retrial before another Chairman and new set of assessors.