eng justine d rweyemamu vs james rugakingira and 3 others 2021 tzhc 7315 29 october 2021

eng justine d rweyemamu vs james rugakingira and 3 others 2021 tzhc 7315 29 october 2021

Failure to record assessors' opinions and to give reasons for departing from them fatally vitiated the proceedings and decision of the trial tribunal, necessitating a retrial.

Citation
eng justine d rweyemamu vs james rugakingira and 3 others 2021 tzhc 7315 29 october 2021
Parties
Appellant: Eng. Justin D. Rweyemamu; 1st Respondent: James Rugakingira; 2nd Respondent: Hamis Said; 3rd Respondent: Tumain Mtazamba; 4th Respondent: Rev. Francis Paul
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Land Case Appeal / Judgment on Appeal
Outcome
Appeal allowed; proceedings and decision of the trial tribunal quashed and set aside; retrial ordered before another chairman and new assessors; no order as to costs.
Legal Topics
Tribunal Procedure, Role of Assessors, Natural Justice, Retrial
Source Language
English
Land Law Civil Procedure Tribunal Procedure Role of Assessors Natural Justice Retrial

Case Brief

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Parties

Eng. Justin D. Rweyemamu

Appellant

James Rugakingira

1st Respondent

Hamis Said

2nd Respondent

Tumain Mtazamba

3rd Respondent

Rev. Francis Paul

4th Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred by not recording assessors' opinions before judgment
  2. 2 Whether the trial tribunal erred by not giving reasons for departing from assessors' opinions
  3. 3 Whether the trial tribunal failed to conduct a fair hearing in violation of natural justice

Ratio Decidendi

Failure to record assessors' opinions and to give reasons for departing from them fatally vitiated the proceedings and decision of the trial tribunal, necessitating a retrial.

Court Disposition

Appeal allowed; proceedings and decision of the trial tribunal quashed and set aside; retrial ordered before another chairman and new assessors; no order as to costs.

Orders

  • Proceedings and decision of the trial tribunal quashed and set aside
  • Retrial of the case before another chairman and a new set of assessors