braison mwakihaba vs stepheny mwakapumbe and another 2021 tzhclandd 305 23 july 2021

The tribunal's failure to record and read assessors' opinions before the parties constituted a fundamental irregularity, rendering the proceedings and judgment invalid.

Source-derived case information.

Citation: braison mwakihaba vs stepheny mwakapumbe and another 2021 tzhclandd 305 23 july 2021
Parties: Appellant: Braison Mwakihaba; 1st Respondent: Stepheny Mwakapumbe; 2nd Respondent: Daudi Mwakapumbe
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 23 July 2021
Procedural Posture: Land Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Res Judicata, Limitation of Actions, Tribunal Procedure, Assessors' Opinions
Source Language: english

Land Law Civil Procedure Res Judicata Limitation of Actions Tribunal Procedure Assessors' Opinions

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Braison Mwakihaba

Appellant

Stepheny Mwakapumbe

1st Respondent

Daudi Mwakapumbe

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the tribunal proceedings and judgment were vitiated by failure to record and read assessors' opinions before the parties
2 Whether the matter was res judicata and time barred
3 Whether the tribunal erred in evaluating evidence and determining ownership

Ratio Decidendi

The tribunal's failure to record and read assessors' opinions before the parties constituted a fundamental irregularity, rendering the proceedings and judgment invalid.

Court Disposition

appeal allowed

Orders

Proceedings and orders in Application No. 25 of 2015 quashed
Case remitted to District Land and Housing Tribunal for Kilosa for new judgment before another Chairman and same assessors

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