idd fumbo vs athanas nyanda 2021 tzhclandd 483 27 september 2021

The failure of the trial tribunal to properly record and appreciate the proceedings and evidence during the visit to locus in quo constituted a procedural irregularity that vitiated the trial and occasioned a miscarriage of justice, warranting the quashing of the proceedings and judgment.

Citation: idd fumbo vs athanas nyanda 2021 tzhclandd 483 27 september 2021
Parties: Appellant: Idd Amri Fumbo; Respondent: Athanas Nyanda
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 27 September 2021
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed; proceedings and judgment of the trial tribunal quashed; decree set aside; retrial ordered.
Legal Topics: Procedural Irregularity, Locus in Quo, Opinion of Assessors, Recording of Evidence
Source Language: English

Land Law Civil Procedure Procedural Irregularity Locus in Quo Opinion of Assessors Recording of Evidence

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Parties

Idd Amri Fumbo

Appellant

Athanas Nyanda

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial tribunal erred in accommodating the opinion of assessors as per law
2 Whether the trial tribunal failed to properly record and appreciate proceedings during the visit to locus in quo

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings and judgment of the trial tribunal quashed; decree set aside; retrial ordered.

Orders

Proceedings and judgment of the trial tribunal quashed
Decree of the trial tribunal set aside