enock babu vs john katama 2021 tzhc 9298 17 december 2021

The District Land and Housing Tribunal failed to involve assessors as required by law, which is an incurable irregularity that vitiates the proceedings and ruling. The entire proceedings and ruling are nullified and the matter is remitted for a fresh hearing before a properly constituted tribunal.

Citation: enock babu vs john katama 2021 tzhc 9298 17 december 2021
Parties: Appellant: Enock Babu; Respondent: John Katama
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 December 2021
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome: Proceedings and ruling of the District Land and Housing Tribunal nullified; matter remitted for fresh hearing before new Chairman and assessors; each party to bear own costs.
Legal Topics: Extension of Time, Right to Be Heard, Tribunal Composition, Role of Assessors
Source Language: English

Land Law Civil Procedure Extension of Time Right to Be Heard Tribunal Composition Role of Assessors

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 3 Authorities cited 7 Party arguments 2

Parties

Enock Babu

Appellant

John Katama

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

1 Whether the District Land and Housing Tribunal was properly constituted with assessors as required by law
2 Whether failure to involve assessors vitiated the proceedings
3 Whether the appellant was denied the right to be heard

Ratio Decidendi

Court Disposition

Proceedings and ruling of the District Land and Housing Tribunal nullified; matter remitted for fresh hearing before new Chairman and assessors; each party to bear own costs.

Orders

Entire proceedings and ruling of DLHT in Misc. Land Application No. 119 of 2018 nullified.
Subsequent orders set aside.