Tula

Tula

The trial tribunal committed fatal procedural irregularities during the visitation of locus in quo by failing to ensure the presence of all parties and witnesses, not allowing evidence on oath or cross-examination, and not properly recording observations, thereby vitiating the proceedings and rendering the judgment and decree a nullity.

Citation
Tula
Parties
1st Appellant: Tula Samson Msiba; 2nd Appellant: Emmanuel Peter Mazala, Administrator of the estate of the late Wantungwila Petro Mazala; Respondent: Emmanuel Elias Shilla
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Appeal / Judgment on First Appeal
Outcome
Appeal allowed
Legal Topics
Procedural Irregularities, Visitation of Locus in Quo, Evidence Evaluation, Ownership of Land, Nullity of Proceedings
Source Language
English
Land Law Civil Procedure Procedural Irregularities Visitation of Locus in Quo Evidence Evaluation Ownership of Land Nullity of Proceedings

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Parties

Tula Samson Msiba

1st Appellant

Emmanuel Peter Mazala, Administrator of the estate of the late Wantungwila Petro Mazala

2nd Appellant

Emmanuel Elias Shilla

Respondent

Procedural Posture

Land Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the trial tribunal's proceedings were vitiated by procedural irregularities during visitation of locus in quo
  2. 2 Whether the evidence was properly evaluated to determine ownership of the suit land

Ratio Decidendi

The trial tribunal committed fatal procedural irregularities during the visitation of locus in quo by failing to ensure the presence of all parties and witnesses, not allowing evidence on oath or cross-examination, and not properly recording observations, thereby vitiating the proceedings and rendering the judgment and decree a nullity.

Court Disposition

Appeal allowed

Orders

  • Proceedings of the trial tribunal nullified
  • Judgment and decree of the trial tribunal quashed and set aside