cheka john vs lucas raphael another 2023 tzhclandd 16943 29 september 2023

cheka john vs lucas raphael another 2023 tzhclandd 16943 29 september 2023

The Tribunal Chairman's failure to involve assessors in the site visit and judgment, and his conduct in sharing transport with one party, created a reasonable apprehension of bias and violated mandatory procedural requirements. The proceedings and judgment were thus nullified.

Source-derived case information.

Citation
cheka john vs lucas raphael another 2023 tzhclandd 16943 29 september 2023
Parties
Appellant: Cheka John (Msimamizi wa Mirathi ya Marehemu Raphael Karabho); Respondent 1: Lucas Raphael; Respondent 2: Mwanaid Mohamed
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Impartiality of Tribunal, Role of Assessors, Procedural Irregularity, Bias in Decision Making
Source Language
en
Land Law Civil Procedure Impartiality of Tribunal Role of Assessors Procedural Irregularity Bias in Decision Making

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Parties

Cheka John (Msimamizi wa Mirathi ya Marehemu Raphael Karabho)

Appellant

Lucas Raphael

Respondent 1

Mwanaid Mohamed

Respondent 2

Procedural Posture

Land Appeal / Judgment on Appeal

  1. 1 Whether the District Land and Housing Tribunal erred in law and procedure by failing to involve assessors in the site visit and judgment
  2. 2 Whether the conduct of the Tribunal Chairman gave rise to reasonable apprehension of bias
  3. 3 Whether the Tribunal's decision was valid in absence of assessors' opinions

Ratio Decidendi

The Tribunal Chairman's failure to involve assessors in the site visit and judgment, and his conduct in sharing transport with one party, created a reasonable apprehension of bias and violated mandatory procedural requirements. The proceedings and judgment were thus nullified.

Court Disposition

Appeal allowed

Orders

  • Proceedings and judgment of the District Land and Housing Tribunal are quashed and set aside
  • A new Chairman, with assessors, to commence proceedings from the stage after 15/03/2023, including a fresh site visit and collection of assessors' opinions