Gabriel Sassi v Onesmo Mahenda and 4 others Judgment
The District Land and Housing Tribunal failed to comply with section 23 of the Land Disputes Courts Act by conducting hearings and delivering judgment without the presence and opinions of assessors, rendering the entire proceedings a nullity.
- Citation
- Gabriel Sassi v Onesmo Mahenda and 4 others Judgment
- Parties
- Appellant: Gabriel Sassi; Respondent: Onesmo Mahenda; Respondent: George Nyolobi; Respondent: Joseph Donald; Respondent: Eva Elias; Respondent: Shaban Seleman
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2021
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Composition of Tribunal, Role of Assessors, Nullity of Proceedings, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gabriel Sassi
Appellant
Onesmo Mahenda
Respondent
George Nyolobi
Respondent
Joseph Donald
Respondent
Eva Elias
Respondent
Shaban Seleman
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the District Land and Housing Tribunal was properly constituted in accordance with section 23 of the Land Disputes Courts Act
- 2 Whether the absence of assessors and their opinions vitiated the proceedings and judgment
Ratio Decidendi
The District Land and Housing Tribunal failed to comply with section 23 of the Land Disputes Courts Act by conducting hearings and delivering judgment without the presence and opinions of assessors, rendering the entire proceedings a nullity.
Court Disposition
appeal allowed
Orders
- The judgment, decree, and proceedings of the District Land and Housing Tribunal are quashed.
Full Case Text
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