charles buchwa vs ally abdu mabaraza 2023 tzhc 17725 6 june 2023
The Chairman complied with Regulation 19(2) by requiring assessors to give written opinions and reading them to the parties. The judgment disclosed reasons for differing with assessors' opinions, satisfying section 24. No procedural irregularity occurred.
- Citation
- charles buchwa vs ally abdu mabaraza 2023 tzhc 17725 6 june 2023
- Parties
- Appellant: Charles Buchwa; 1st Respondent: Ally Abdu Mabaraza; 2nd Respondent: Jonas Charles
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 June 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Assessors' Opinion, Tribunal Procedure, Ownership Dispute
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Buchwa
Appellant
Ally Abdu Mabaraza
1st Respondent
Jonas Charles
2nd Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether there was irregularity concerning the assessors' opinion under Regulation 19(2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003
- 2 Whether the Chairman complied with section 24 of the Land Disputes Courts Act when differing with assessors' opinion
Ratio Decidendi
The Chairman complied with Regulation 19(2) by requiring assessors to give written opinions and reading them to the parties. The judgment disclosed reasons for differing with assessors' opinions, satisfying section 24. No procedural irregularity occurred.
Court Disposition
appeal dismissed
Orders
- Each party to bear its own costs
Full Case Text
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