elibariki malley vs salimu h karata 2023 tzca 226 3 may 2023

Failure to comply with statutory requirements regarding assessors' participation and reading their opinions to parties is a fatal irregularity that vitiates proceedings; respondent lacked locus standi to represent others without leave of court.

Source-derived case information.

Citation: elibariki malley vs salimu h karata 2023 tzca 226 3 may 2023
Parties: Appellant: Elibariki Malley; Respondent: Salimu H. Karata
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 May 2023
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: proceedings nullified, retrial ordered
Legal Topics: Locus Standi, Assessors' Participation, Representative Suits, Procedural Irregularity
Source Language: english

Land Law Civil Procedure Locus Standi Assessors' Participation Representative Suits Procedural Irregularity

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3

Parties

Elibariki Malley

Appellant

Salimu H. Karata

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the respondent had locus standi to represent other family members without leave of court
2 Whether assessors' participation complied with statutory requirements

Ratio Decidendi

Court Disposition

proceedings nullified, retrial ordered

Orders

Entire proceedings before Tribunal and High Court in Land Appeal No. 7 of 2019 nullified
Retrial of the matter ordered

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