RAMADHANI KINYENJE

Failure to record assessors' opinions and chairman's signature on witness evidence are incurable irregularities that invalidate the tribunal proceedings, judgment, and orders.

Citation: RAMADHANI KINYENJE
Parties: 1st Appellant: Ramadhani Kinyenje; 2nd Appellant: Khalili Maulidi; Respondent: Ismail Mussa Lisu
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2013
Procedural Posture: Miscellaneous Land Appeal / Ruling on Appeal, Preliminary Legal Issues
Outcome: Appeal allowed; proceedings nullified; judgment and orders quashed and set aside; retrial ordered.
Legal Topics: Tribunal Composition, Assessors' Opinions, Signature on Evidence, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Tribunal Composition Assessors' Opinions Signature on Evidence Nullity of Proceedings

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Parties

Ramadhani Kinyenje

1st Appellant

Khalili Maulidi

2nd Appellant

Ismail Mussa Lisu

Respondent

Procedural Posture

Miscellaneous Land Appeal / Ruling on Appeal, Preliminary Legal Issues

Legal Issues

1 Whether the trial tribunal was properly constituted with assessors as required by law
2 Whether the chairman appended his signature to each witness's evidence

Ratio Decidendi

Failure to record assessors' opinions and chairman's signature on witness evidence are incurable irregularities that invalidate the tribunal proceedings, judgment, and orders.

Court Disposition

Appeal allowed; proceedings nullified; judgment and orders quashed and set aside; retrial ordered.

Orders

Entire proceedings of District Land and Housing Tribunal nullified.
Judgment and orders of tribunal quashed and set aside.