20170515 TZHC Dodoma

20170515 TZHC Dodoma

Non-compliance with section 23(2) of the Land Disputes Courts Act is fatal to the proceedings; absence of assessors' opinions invalidates the judgment.

Source-derived case information.

Citation
20170515 TZHC Dodoma
Parties
Appellant: Katherina Mhando Nkalulwa; Respondent: Mathayo Jonas; Respondent: Another (unnamed)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 2017
Procedural Posture
Land Case Appeal / Judgment
Outcome
proceedings quashed, decision and orders set aside, trial de novo ordered
Legal Topics
Tribunal Constitution, Sale Agreement, Boundary Dispute, Trial De Novo
Source Language
english
Land Law Civil Procedure Tribunal Constitution Sale Agreement Boundary Dispute Trial De Novo

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Parties

Katherina Mhando Nkalulwa

Appellant

Mathayo Jonas

Respondent

Another (unnamed)

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the trial tribunal failed to comply with section 23(2) of the Land Disputes Courts Act regarding assessors' opinions
  2. 2 Whether the sale agreement date was properly considered
  3. 3 Whether the dispute was about boundaries or ownership of four acres

Ratio Decidendi

Non-compliance with section 23(2) of the Land Disputes Courts Act is fatal to the proceedings; absence of assessors' opinions invalidates the judgment.

Court Disposition

proceedings quashed, decision and orders set aside, trial de novo ordered

Orders

  • Proceedings and decision of the trial tribunal quashed
  • Any orders emanating from the decision set aside