elyudi mpagame vs rashid seki 2021 tzhclandd 6804 3 december 2021

elyudi mpagame vs rashid seki 2021 tzhclandd 6804 3 december 2021

The failure to record the assessors' opinions in the proceedings and the consideration of the opinion of an assessor who did not participate in the hearing constituted a fundamental irregularity, rendering the tribunal's judgment improper and invalid.

Citation
elyudi mpagame vs rashid seki 2021 tzhclandd 6804 3 december 2021
Parties
Appellant: Elyudi Mpagame; 1st Respondent: Rashidi Seki; 2nd Respondent: Ami H. Seki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 December 2021
Procedural Posture
Land Appeal / Judgment on First Appeal
Outcome
Appeal allowed; proceedings and judgment of the tribunal quashed; case remitted for retrial before another Chairman; no order as to costs.
Legal Topics
Tribunal Constitution, Role of Assessors, Proper Recording of Opinions, Right to Fair Hearing
Source Language
English
Land Law Civil Procedure Tribunal Constitution Role of Assessors Proper Recording of Opinions Right to Fair Hearing

Case Brief

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Parties

Elyudi Mpagame

Appellant

Rashidi Seki

1st Respondent

Ami H. Seki

2nd Respondent

Procedural Posture

Land Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the tribunal was properly constituted with assessors who participated throughout the hearing
  2. 2 Whether the opinions of assessors were properly recorded and considered
  3. 3 Whether the Chairman erred in evaluating the evidence

Ratio Decidendi

The failure to record the assessors' opinions in the proceedings and the consideration of the opinion of an assessor who did not participate in the hearing constituted a fundamental irregularity, rendering the tribunal's judgment improper and invalid.

Court Disposition

Appeal allowed; proceedings and judgment of the tribunal quashed; case remitted for retrial before another Chairman; no order as to costs.

Orders

  • The Judgment, Decree and proceedings of the District Land and Housing Tribunal in Land Application No. 25 of 2011 are quashed.
  • The case file is remitted to the District Land and Housing Tribunal for Kilombero/Ulanga to start afresh before another Chairman.