john chidole vs paulo mpagama others 2016 tzhc 2060 23 december 2016

Non-compliance with the statutory requirement to obtain and consider written opinions of both assessors before judgment renders the trial proceedings a nullity, necessitating a retrial.

Citation: john chidole vs paulo mpagama others 2016 tzhc 2060 23 december 2016
Parties: Appellant: John Chidole; 1st Respondent: Paulo Mpagama; 2nd Respondent: Asha Mzwana; 3rd Respondent: Msafiri Mele; 4th Respondent: Andrea Chibalamu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 December 2016
Procedural Posture: Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Proceedings quashed and judgment set aside; order for retrial before a different Chairman and assessors; no order as to costs.
Legal Topics: Composition of Tribunal, Role of Assessors, Nullity of Proceedings, Retrial Orders
Source Language: English

Land Law Civil Procedure Composition of Tribunal Role of Assessors Nullity of Proceedings Retrial Orders

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 2 Authorities cited 3 Party arguments 2

Parties

John Chidole

Appellant

Paulo Mpagama

1st Respondent

Asha Mzwana

2nd Respondent

Msafiri Mele

3rd Respondent

Andrea Chibalamu

4th Respondent

Procedural Posture

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

Legal Issues

1 Whether the District Land and Housing Tribunal complied with Sections 23 and 24 of the Land Disputes Courts Act and Regulation 19(2) regarding assessors' opinions
2 Whether failure to comply with these provisions renders the proceedings a nullity

Ratio Decidendi

Non-compliance with the statutory requirement to obtain and consider written opinions of both assessors before judgment renders the trial proceedings a nullity, necessitating a retrial.

Court Disposition

Proceedings quashed and judgment set aside; order for retrial before a different 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