20180724 TZHC Mwanza

Failure by the District Land and Housing Tribunal to consider and reference assessors' opinions in its judgment is a fatal irregularity that renders the judgment and proceedings a nullity.

Citation: 20180724 TZHC Mwanza
Parties: Appellant: Jackson Mseti; Respondent: Gilvas Ishengoma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 July 2018
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Judgment and proceedings of the first appellate tribunal set aside and quashed; matter remitted for redetermination by a different chairperson; no order as to costs.
Legal Topics: Locus Standi, Role of Assessors, Supervisory Jurisdiction, Procedural Irregularity
Source Language: English

Land Law Civil Procedure Locus Standi Role of Assessors Supervisory Jurisdiction Procedural Irregularity

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Parties

Jackson Mseti

Appellant

Gilvas Ishengoma

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the District Land and Housing Tribunal's judgment was vitiated by failure to consider assessors' opinions as required by law

Ratio Decidendi

Failure by the District Land and Housing Tribunal to consider and reference assessors' opinions in its judgment is a fatal irregularity that renders the judgment and proceedings a nullity.

Court Disposition

Judgment and proceedings of the first appellate tribunal set aside and quashed; matter remitted for redetermination by a different chairperson; no order as to costs.

Orders

Judgment of the first appellate tribunal set aside
Proceedings of the first appellate tribunal quashed