20191031 TZHC Mbeya

The omission by the trial tribunal chairman to record assessors' opinions before judgment is an incurable irregularity that goes to the root of the matter and occasions a failure of justice, rendering the proceedings and judgment null.

Citation: 20191031 TZHC Mbeya
Parties: Appellant: Elia Ambakisye Jongos; 1st Respondent: Felix James Msukwe; 2nd Respondent: Kalolo Benard Kambi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 October 2019
Procedural Posture: Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome: Proceedings and judgment of the trial tribunal nullified; expedited retrial ordered before a different chairman and new assessors.
Legal Topics: Tribunal Procedure, Role of Assessors, Land Transfer, Title Registration
Source Language: English

Land Law Civil Procedure Tribunal Procedure Role of Assessors Land Transfer Title Registration

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Elia Ambakisye Jongos

Appellant

Felix James Msukwe

1st Respondent

Kalolo Benard Kambi

2nd Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

1 Whether the trial tribunal's omission to record assessors' opinions before judgment invalidates the proceedings
2 Whether the sale and transfer of disputed land was lawful and enforceable

Ratio Decidendi

Court Disposition

Proceedings and judgment of the trial tribunal nullified; expedited retrial ordered before a different chairman and new assessors.

Orders

Expedited retrial before Tribunal presided over by another Chairman and new set of assessors if parties are still interested.
No order as to costs.