donasio mweupe vs emmanuel lusambo 2013 tzhc 2072 3 october 2013

donasio mweupe vs emmanuel lusambo 2013 tzhc 2072 3 october 2013

The appeal is determined on the eighth ground: the Chairman of the District Land and Housing Tribunal, having presided over the previous nullified appeal, should have recused himself from hearing the matter again to avoid the appearance of bias, regardless of whether the appellant's fears were well-founded.

Citation
donasio mweupe vs emmanuel lusambo 2013 tzhc 2072 3 october 2013
Parties
Appellant: Donasio Mweupe; Respondent: Emmanuel Lusambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 2013
Procedural Posture
Miscellaneous Land Appeal / Final Appellate Judgment at High Court
Outcome
appeal allowed
Legal Topics
Tribunal Composition, Judicial Bias, Land Dispute, Appeal Procedure
Source Language
English
Land Law Tribunal Composition Judicial Bias Land Dispute Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Donasio Mweupe

Appellant

Emmanuel Lusambo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Final Appellate Judgment at High Court

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal Chairman should have recused himself due to prior involvement in the same matter
  2. 2 Whether the Tribunal properly considered the appellant's evidence and complaints regarding the sketch plan and inclusion of land

Ratio Decidendi

The appeal is determined on the eighth ground: the Chairman of the District Land and Housing Tribunal, having presided over the previous nullified appeal, should have recused himself from hearing the matter again to avoid the appearance of bias, regardless of whether the appellant's fears were well-founded.

Court Disposition

appeal allowed

Orders

  • The decision of the District Land and Housing Tribunal is set aside.
  • The matter is remitted for rehearing before a different Chairman.