edina mazengo vs alfred lembile 2017 tzhc 2290 21 august 2017

The failure to show the list of tribunal members during the hearing and at the locus in quo was a fatal irregularity that vitiated the proceedings, making it impossible to ascertain compliance with statutory requirements regarding tribunal composition.

Citation: edina mazengo vs alfred lembile 2017 tzhc 2290 21 august 2017
Parties: Appellant: Edina Mazengo; Respondent: Alfred Lembile
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 August 2017
Procedural Posture: Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome: appeal struck out; proceedings before Ward Tribunal and District Land and Housing Tribunal quashed as nullities; fresh hearing ordered
Legal Topics: Composition of Tribunal, Nullity of Proceedings, Revisionary Powers, Fresh Trial
Source Language: English

Land Law Civil Procedure Composition of Tribunal Nullity of Proceedings Revisionary Powers Fresh Trial

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Parties

Edina Mazengo

Appellant

Alfred Lembile

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

1 Whether the composition of the Ward Tribunal was properly shown during trial as required by law
2 Whether the absence of a list of tribunal members vitiated the proceedings

Ratio Decidendi

Court Disposition

appeal struck out; proceedings before Ward Tribunal and District Land and Housing Tribunal quashed as nullities; fresh hearing ordered

Orders

The proceedings of the Ward Tribunal and District Land and Housing Tribunal are declared null and quashed.
The appeal is struck out.