jonesia jonathan vs ester jonathan 2021 tzhc 9305 24 december 2021
Non-compliance with the mandatory requirement for assessors to give their opinions before judgment renders the proceedings and ruling of the DLHT a nullity.
- Citation
- jonesia jonathan vs ester jonathan 2021 tzhc 9305 24 december 2021
- Parties
- Appellant: Jonesia Jonathan; Respondent: Esta Jonathan
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 December 2021
- Procedural Posture
- Miscellaneous Land Appeal / Judgment on Appeal Against Dismissal of Application for Extension of Time
- Outcome
- Proceedings and ruling of the DLHT nullified; matter remitted for retrial; no order as to costs.
- Legal Topics
- Extension of Time, Right to Be Heard, Role of Assessors, Nullity of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jonesia Jonathan
Appellant
Esta Jonathan
Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Dismissal of Application for Extension of Time
Legal Issues
- 1 Whether the District Land and Housing Tribunal erred in dismissing the application for extension of time
- 2 Whether the proceedings and ruling of the DLHT were null due to failure to obtain assessors' opinions
Ratio Decidendi
Non-compliance with the mandatory requirement for assessors to give their opinions before judgment renders the proceedings and ruling of the DLHT a nullity.
Court Disposition
Proceedings and ruling of the DLHT nullified; matter remitted for retrial; no order as to costs.
Orders
- Entire proceedings and ruling of the DLHT in Misc. Land Application No. 38 of 2017 nullified.
- Subsequent orders set aside.
Full Case Text
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