dickson mdoe vs said mtanda 2020 tzhc 4087 27 november 2020

Failure by the DLHT chairman to require assessors to give their opinions in court and make them open to parties is a fatal irregularity that renders the proceedings and judgment a nullity.

Citation: dickson mdoe vs said mtanda 2020 tzhc 4087 27 november 2020
Parties: Appellant: Dickson Mdoe; Respondent: Said Mtanda
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 November 2020
Procedural Posture: Land Appeal / Second Appeal, Judgment
Outcome: Appeal allowed to the extent explained; DLHT proceedings and judgment declared a nullity and quashed; parties to bear own costs.
Legal Topics: Tribunal Procedure, Assessors' Opinions, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Tribunal Procedure Assessors' Opinions Nullity of Proceedings

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 2

Parties

Dickson Mdoe

Appellant

Said Mtanda

Respondent

Procedural Posture

Land Appeal / Second Appeal, Judgment

Legal Issues

1 Whether the DLHT failed to include the opinion of the assessor, Ms. Sara
2 Whether the chairman of the DLHT assigned reasons for his departure from the opinion given by assessor, Mr. Kangele
3 Whether the DLHT offended mandatory provisions of regulation 19(2) of GN No. 174 of 2003

Ratio Decidendi

Failure by the DLHT chairman to require assessors to give their opinions in court and make them open to parties is a fatal irregularity that renders the proceedings and judgment a nullity.

Court Disposition

Appeal allowed to the extent explained; DLHT proceedings and judgment declared a nullity and quashed; parties to bear own costs.

Orders

DLHT proceedings from hearing to conclusion quashed
DLHT judgment set aside