20170217 TZCA Dar es Salaam

20170217 TZCA Dar es Salaam

The absence of assessors' opinion on record constitutes a fatal irregularity, rendering the proceedings and judgments of both the Tribunal and the High Court a nullity, as the Tribunal was not properly constituted and there was no fair trial.

Citation
20170217 TZCA Dar es Salaam
Parties
Appellant: Hamisa S. Mohsin; Appellant: Omary Mohsin; Appellant: Bi Saidie Barafaa; Respondent: Taningra Contractors
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 February 2017
Procedural Posture
Civil Appeal / Court of Appeal Ruling
Outcome
Proceedings and judgments of both the Tribunal and the High Court are nullified; order for fresh trial before another Chairman with a different set of assessors; no order as to costs.
Legal Topics
Tribunal Composition, Assessors' Opinion, Fair Trial, Nullity of Proceedings
Source Language
English
Land Law Civil Procedure Tribunal Composition Assessors' Opinion Fair Trial Nullity of Proceedings

Case Brief

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hamisa S. Mohsin

Appellant

Omary Mohsin

Appellant

Bi Saidie Barafaa

Appellant

Taningra Contractors

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Ruling

Legal Issues

  1. 1 Whether the absence of assessors' opinion on record vitiates the trial and subsequent appeals
  2. 2 Whether the Tribunal was properly constituted as required by law

Ratio Decidendi

The absence of assessors' opinion on record constitutes a fatal irregularity, rendering the proceedings and judgments of both the Tribunal and the High Court a nullity, as the Tribunal was not properly constituted and there was no fair trial.

Court Disposition

Proceedings and judgments of both the Tribunal and the High Court are nullified; order for fresh trial before another Chairman with a different set of assessors; no order as to costs.

Orders

  • Nullification of proceedings and judgments of Tribunal and High Court in Land Appeal No. 133 of 2009
  • Order for fresh trial before another Chairman with different assessors