erica chrisostom vs chrisostom fabian aother 2021 tzca 425 27 august 2021
The irregular and inconsistent involvement of assessors throughout the trial contravened section 23(2) and (3) of the Land Disputes Courts Act, rendering the proceedings and judgments of both the trial tribunal and first appellate court nullities.
- Citation
- erica chrisostom vs chrisostom fabian aother 2021 tzca 425 27 august 2021
- Parties
- Appellant: Erica Chrisostom; Respondent: Chrisostom Fabian; Respondent: Justinian John
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 August 2021
- Procedural Posture
- Civil Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Composition of Tribunal, Role of Assessors, Nullity of Proceedings, Matrimonial Property, Mental Incapacity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Erica Chrisostom
Appellant
Chrisostom Fabian
Respondent
Justinian John
Respondent
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the trial was vitiated by irregular changes in tribunal assessors
- 2 Whether the proceedings and judgment of the trial tribunal and first appellate court are nullities
Ratio Decidendi
The irregular and inconsistent involvement of assessors throughout the trial contravened section 23(2) and (3) of the Land Disputes Courts Act, rendering the proceedings and judgments of both the trial tribunal and first appellate court nullities.
Court Disposition
appeal allowed
Orders
- Proceedings and judgment of the trial tribunal quashed and set aside.
- Proceedings and judgment of the first appellate court quashed and set aside.
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