mariam juma mtemvu and others vs baltazar matonya and others 2021 tzhclandd 145 30 april 2021

mariam juma mtemvu and others vs baltazar matonya and others 2021 tzhclandd 145 30 april 2021

The application for leave to appeal succeeds because the intended appeal raises bona fide arguable issues of law regarding assessors' opinions and their effect on tribunal proceedings, which require attention from the Court of Appeal.

Citation
mariam juma mtemvu and others vs baltazar matonya and others 2021 tzhclandd 145 30 april 2021
Parties
1st Applicant: Mariam Juma Mtemvu; 2nd Applicant: Asha Suleiman Mkangara; 3rd Applicant: Mariam Juma Mtemvu (Suing through power of Attorney of Richy Abdallah Richy); 1st Respondent: Baltazar S. Matonya; 2nd Respondent: Sostenes Kewe; 3rd Respondent: Julius Ruben Mbinduka
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 April 2021
Procedural Posture
Misc Civil Application / Ruling on Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Affidavit Requirements, Assessors' Opinions, Preliminary Objection
Source Language
English
Land Law Civil Procedure Leave to Appeal Affidavit Requirements Assessors' Opinions Preliminary Objection

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Parties

Mariam Juma Mtemvu

1st Applicant

Asha Suleiman Mkangara

2nd Applicant

Mariam Juma Mtemvu (Suing through power of Attorney of Richy Abdallah Richy)

3rd Applicant

Baltazar S. Matonya

1st Respondent

Sostenes Kewe

2nd Respondent

Julius Ruben Mbinduka

3rd Respondent

Procedural Posture

Misc Civil Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether assessors must give opinions individually and separately under Section 19(2) of the Land Disputes Courts (The District Land and Housing Tribunal) Regulations, 2002
  2. 2 Whether opinions of assessors can be given jointly and unanimously under Section 24 of the Land Disputes Courts Act
  3. 3 Whether the entire record of proceedings can be vitiated by wrongly given opinions of assessors

Ratio Decidendi

The application for leave to appeal succeeds because the intended appeal raises bona fide arguable issues of law regarding assessors' opinions and their effect on tribunal proceedings, which require attention from the Court of Appeal.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal against the judgment in Land Appeal No. 137 of 2019 is granted with costs