20161114 TZHC Dodoma

20161114 TZHC Dodoma

The failure to record and state the written opinions of both assessors in the judgment, as required by law, rendered the entire proceedings and judgment of the District Land and Housing Tribunal a nullity.

Source-derived case information.

Citation
20161114 TZHC Dodoma
Parties
Appellant: Godfrey Harold Msagachuma; Appellant: Ngila Harold Msagachuma; Appellant: Ezeleda Harold Msagachuma; Appellant: Metea Harold Msagachuma; Appellant: Meshaki Harold Msagachuma; Appellant: Charles Harold Msagachuma; Respondent: Benitod D. Mwakitosi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 November 2016
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Proceedings quashed and judgment set aside; order for trial de novo before another Chairman and assessors; no order as to costs.
Legal Topics
Tribunal Procedure, Role of Assessors, Nullity of Proceedings, Compliance With Statutory Requirements
Source Language
english
Land Law Civil Procedure Tribunal Procedure Role of Assessors Nullity of Proceedings Compliance With Statutory Requirements

Source-derived case record

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Godfrey Harold Msagachuma

Appellant

Ngila Harold Msagachuma

Appellant

Ezeleda Harold Msagachuma

Appellant

Metea Harold Msagachuma

Appellant

Meshaki Harold Msagachuma

Appellant

Charles Harold Msagachuma

Appellant

Benitod D. Mwakitosi

Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether failure to record and state assessors' opinions in the judgment renders the proceedings a nullity
  2. 2 Whether the Chairman complied with statutory requirements regarding assessors' opinions

Ratio Decidendi

The failure to record and state the written opinions of both assessors in the judgment, as required by law, rendered the entire proceedings and judgment of the District Land and Housing Tribunal a nullity.

Court Disposition

Proceedings quashed and judgment set aside; order for trial de novo before another Chairman and assessors; no order as to costs.

Orders

  • Proceedings of the District Land and Housing Tribunal quashed
  • Judgment of the District Land and Housing Tribunal set aside