jihn masweta vs general manager mic t ltd 2016 tzca 604 30 may 2016

Failure to properly constitute the District Land and Housing Tribunal with assessors throughout the proceedings, and allowing assessors who had not heard all the evidence to participate, violated mandatory statutory requirements and rendered the proceedings a nullity.

Citation: jihn masweta vs general manager mic t ltd 2016 tzca 604 30 may 2016
Parties: Appellant: John Hasweta; Respondent: General Manager MIC (T) Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 May 2016
Procedural Posture: Civil Appeal / Ruling on Appeal
Outcome: proceedings nullified and retrial ordered
Legal Topics: Composition of Tribunal, Participation of Assessors, Nullity of Proceedings, Retrial
Source Language: English

Land Law Civil Procedure Composition of Tribunal Participation of Assessors Nullity of Proceedings Retrial

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 5 Party arguments 2

Parties

John Hasweta

Appellant

General Manager MIC (T) Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal proceedings were properly constituted with assessors as required by law
2 Whether irregularities in assessor participation rendered the proceedings a nullity

Ratio Decidendi

Court Disposition

proceedings nullified and retrial ordered

Orders

Entire proceedings before the District Land and Housing Tribunal and the High Court are nullified and quashed.
A trial de novo is ordered before another Chairman and another set of assessors.