clemence kalugendo vs peter andrew 2021 tzca 569 7 october 2021

Failure by the Tribunal Chairman to require assessors to give written opinions as mandated by law is a fatal procedural irregularity that vitiates the entire proceedings, rendering them a nullity.

Citation: clemence kalugendo vs peter andrew 2021 tzca 569 7 october 2021
Parties: Appellant: Dr. Clemence Kalugendo; Respondent: Peter Andrew Athumani
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 October 2021
Procedural Posture: Civil Appeal / Judgment
Outcome: proceedings quashed and set aside; matter remitted for fresh hearing
Legal Topics: Participation of Assessors, Procedural Irregularity, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Participation of Assessors Procedural Irregularity Nullity of Proceedings

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Dr. Clemence Kalugendo

Appellant

Peter Andrew Athumani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the Tribunal Chairman complied with section 23(2) of the Land Disputes Courts Act and regulation 19(2) regarding assessors' written opinions
2 Whether omission to require assessors' written opinions renders proceedings a nullity

Ratio Decidendi

Failure by the Tribunal Chairman to require assessors to give written opinions as mandated by law is a fatal procedural irregularity that vitiates the entire proceedings, rendering them a nullity.

Court Disposition

proceedings quashed and set aside; matter remitted for fresh hearing

Orders

Proceedings of Tribunal and High Court in Land Application No. 293 of 2010 and Land Appeal No. 141B of 2015 quashed and set aside
Decree in appeal set aside