20160219 TZHC Mwanza

The appeal was allowed because the Ward Tribunal failed to properly record the evidence of the surveyor and other relevant parties, and the District Land and Housing Tribunal improperly relied on such unrecorded evidence, resulting in a miscarriage of justice.

Citation: 20160219 TZHC Mwanza
Parties: Appellant: Gabriel Nkoni; Respondent: Venancia Benson
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 February 2016
Procedural Posture: Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal and Original Ward Tribunal
Outcome: Appeal allowed
Legal Topics: Boundary Disputes, Procedural Fairness, Evidence Recording, Judicial Bias
Source Language: English

Land Law Boundary Disputes Procedural Fairness Evidence Recording Judicial Bias

Case Brief

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Parties

Gabriel Nkoni

Appellant

Venancia Benson

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal and Original Ward Tribunal

Legal Issues

1 Whether the lower tribunals erred by relying on unrecorded evidence of a surveyor in determining a land boundary dispute
2 Whether the tribunal's failure to follow its own directives regarding evidence collection constituted a miscarriage of justice
3 Whether the chairperson of the District Land and Housing Tribunal should have disqualified himself due to perceived bias

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The matter is remitted to the Ward Tribunal to be tried de novo before a different composition.