daudi hagha vs salum ngezi another 2021 tzca 638 3 november 2021

The trial tribunal was not properly constituted as required by law, assessors' opinions were not recorded or read out, there was an unexplained change of chairmen, and witnesses were not sworn; these procedural irregularities are fatal and render the proceedings and judgments of both the trial tribunal and the High Court null, necessitating a retrial.

Citation: daudi hagha vs salum ngezi another 2021 tzca 638 3 november 2021
Parties: Appellant: Daudi Hagha; Respondent: Salum Ngezi; Respondent: Damian Toyi J
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 November 2021
Procedural Posture: Civil Appeal / Appeal From High Court Judgment to Court of Appeal
Outcome: appeal allowed
Legal Topics: Procedural Irregularities, Composition of Tribunal, Assessors' Opinions, Unsworn Evidence, Retrial
Source Language: English

Civil Procedure Land Law Procedural Irregularities Composition of Tribunal Assessors' Opinions Unsworn Evidence Retrial

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Parties

Daudi Hagha

Appellant

Salum Ngezi

Respondent

Damian Toyi J

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment to Court of Appeal

Legal Issues

1 Whether the trial tribunal was properly constituted with assessors throughout the trial
2 Whether assessors' opinions were properly recorded and read out
3 Whether the change of presiding chairmen without reasons vitiated the proceedings

Ratio Decidendi

Court Disposition

appeal allowed

Orders

All proceedings and decisions of the trial tribunal and High Court are nullified.
The matter is to be retried.