bernard sembula vs tabia mbweta 2020 tzhc 3617 30 october 2020

bernard sembula vs tabia mbweta 2020 tzhc 3617 30 october 2020

The failure of the District Land and Housing Tribunal to involve and record the opinions of assessors as required by law is a fundamental irregularity that renders the proceedings and judgment a nullity, necessitating a retrial before a properly constituted tribunal.

Citation
bernard sembula vs tabia mbweta 2020 tzhc 3617 30 october 2020
Parties
Appellant: Benard Sembula; Respondent: Tabia Mbeveta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed; proceedings and judgment of the District Land and Housing Tribunal nullified; matter remitted for retrial de novo before a different Chairperson.
Legal Topics
Role of Assessors in Tribunal Proceedings, Nullity of Proceedings for Procedural Irregularity, Remittal for Retrial, Powers of Revision by High Court
Source Language
English
Land Law Civil Procedure Role of Assessors in Tribunal Proceedings Nullity of Proceedings for Procedural Irregularity Remittal for Retrial Powers of Revision by High Court

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Parties

Benard Sembula

Appellant

Tabia Mbeveta

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred by failing to involve assessors and record their opinions as required by law
  2. 2 Whether such omission renders the proceedings and judgment a nullity

Ratio Decidendi

The failure of the District Land and Housing Tribunal to involve and record the opinions of assessors as required by law is a fundamental irregularity that renders the proceedings and judgment a nullity, necessitating a retrial before a properly constituted tribunal.

Court Disposition

Appeal allowed; proceedings and judgment of the District Land and Housing Tribunal nullified; matter remitted for retrial de novo before a different Chairperson.

Orders

  • Proceedings and judgment in Land Application No. 24 of 2019 and the decree made thereto are nullified.
  • Matter remitted to the District Land and Housing Tribunal for fresh determination de novo before a different Chairperson.