exavery chungwa vs fabiano chungwa 2022 tzhc 15055 12 december 2022
The DLHT was not properly constituted on multiple dates as the Chairman sat without assessors, violating section 23 of the Land Disputes Courts Act. This procedural irregularity was fatal and vitiated the proceedings and judgment.
Source-derived case information.
- Citation
- exavery chungwa vs fabiano chungwa 2022 tzhc 15055 12 december 2022
- Parties
- Appellant: Exavery Chungwa; Respondent: Fabiano Chungwa
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 2022
- Procedural Posture
- Land Appeal / First Appeal
- Outcome
- appeal allowed
- Legal Topics
- Tribunal Composition, Jurisdiction, Procedural Irregularity, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Exavery Chungwa
Appellant
Fabiano Chungwa
Respondent
Procedural Posture
Land Appeal / First Appeal
Legal Issues
- 1 Whether the District Land and Housing Tribunal was properly constituted with assessors as required by law
- 2 Whether the proceedings and judgment of the DLHT are valid given the irregularity in composition
Ratio Decidendi
The DLHT was not properly constituted on multiple dates as the Chairman sat without assessors, violating section 23 of the Land Disputes Courts Act. This procedural irregularity was fatal and vitiated the proceedings and judgment.
Court Disposition
appeal allowed
Orders
- proceedings of the DLHT nullified and quashed
- impugned judgment set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment