cuthbert alfred lyaro and another vs lina ahmed mpako 2022 tzhc 15415 31 august 2022

cuthbert alfred lyaro and another vs lina ahmed mpako 2022 tzhc 15415 31 august 2022

The trial tribunal's failure to read the assessor's opinion to the parties before composing judgment is a fatal procedural irregularity that goes to the root of the case and occasions a failure of justice, rendering the proceedings and judgment a nullity.

Citation
cuthbert alfred lyaro and another vs lina ahmed mpako 2022 tzhc 15415 31 august 2022
Parties
Appellant: Cuthbert Alfred Lyaro; Appellant: LEP Auctioneers Ltd; Respondent: Lina Ahmed Mpako
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Procedural Irregularity, Assessors' Opinion, Execution of Judgment, Pleadings and Reliefs
Source Language
English
Land Law Civil Procedure Procedural Irregularity Assessors' Opinion Execution of Judgment Pleadings and Reliefs

Case Brief

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Parties

Cuthbert Alfred Lyaro

Appellant

LEP Auctioneers Ltd

Appellant

Lina Ahmed Mpako

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial tribunal erred by not reading the assessor's opinion to the parties before judgment
  2. 2 Whether the award of TZS 3,000,000 for disturbance was proper when not specifically pleaded or prayed for
  3. 3 Whether the tribunal broker (LEP Auctioneers Ltd) was subject to separate complaint mechanisms

Ratio Decidendi

The trial tribunal's failure to read the assessor's opinion to the parties before composing judgment is a fatal procedural irregularity that goes to the root of the case and occasions a failure of justice, rendering the proceedings and judgment a nullity.

Court Disposition

Appeal allowed

Orders

  • Trial tribunal's proceedings quashed
  • Decision in Land Application No. 238 of 2017 set aside