bwire mtundi vs masatu ekonjo 2020 tzhc 492 31 march 2020

Failure to read or take the opinion of assessors in the presence of the parties contravened the law, rendering the tribunal improperly constituted and vitiating the proceedings.

Citation: bwire mtundi vs masatu ekonjo 2020 tzhc 492 31 march 2020
Parties: Appellant: Bwire Mtundi; Respondent: Masatu Ekonjo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 March 2020
Procedural Posture: Land Appeal / Second Appeal From District Land and Housing Tribunal Decision
Outcome: Appeal allowed; proceedings, judgment, and decree of the District Land and Housing Tribunal quashed.
Legal Topics: Right to Be Heard, Role of Assessors, Tribunal Composition, Procedural Irregularity
Source Language: English

Land Law Civil Procedure Right to Be Heard Role of Assessors Tribunal Composition Procedural Irregularity

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Parties

Bwire Mtundi

Appellant

Masatu Ekonjo

Respondent

Procedural Posture

Land Appeal / Second Appeal From District Land and Housing Tribunal Decision

Legal Issues

1 Whether the District Land and Housing Tribunal erred by not including or reading the opinion of assessors in the presence of the parties
2 Whether the tribunal was properly constituted in law

Ratio Decidendi

Failure to read or take the opinion of assessors in the presence of the parties contravened the law, rendering the tribunal improperly constituted and vitiating the proceedings.

Court Disposition

Appeal allowed; proceedings, judgment, and decree of the District Land and Housing Tribunal quashed.

Orders

Proceedings, judgment, and decree of the District Land and Housing Tribunal quashed.
Appellant may file a fresh appeal before the District Land and Housing Tribunal to be heard by a new Chairman and assessors.