daud hamisi and others vs pascal cassian 2020 tzhclandd 139 15 may 2020
Failure to comply with the mandatory requirement for assessors' opinions to be given and read in the presence of the parties renders the judgment and proceedings of the trial tribunal null and void.
- Citation
- daud hamisi and others vs pascal cassian 2020 tzhclandd 139 15 may 2020
- Parties
- Appellant: Daud Hamisi; Appellant: Younus Mfangavo; Appellant: Shabanikaram; Respondent: Pascal Cassian
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 May 2020
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- judgment and proceedings of trial tribunal nullified; appeal allowed
- Legal Topics
- Tribunal Procedure, Assessors' Opinions, Nullity of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daud Hamisi
Appellant
Younus Mfangavo
Appellant
Shabanikaram
Appellant
Pascal Cassian
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the trial tribunal correctly assessed and applied the evidence
- 2 Whether documentary evidence was properly admitted
- 3 Whether the trial chairperson considered extraneous facts
Ratio Decidendi
Failure to comply with the mandatory requirement for assessors' opinions to be given and read in the presence of the parties renders the judgment and proceedings of the trial tribunal null and void.
Court Disposition
judgment and proceedings of trial tribunal nullified; appeal allowed
Orders
- Judgment of the trial tribunal set aside
- Proceedings of the trial tribunal quashed
Full Case Text
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