MAIMUNA

The proceedings were fatally flawed due to improper composition and participation of assessors, with no proper record or justification for changes in assessors, violating section 23 of the Land Disputes Courts Act. This rendered the proceedings and resulting orders a nullity from the point of irregularity.

Citation: MAIMUNA
Parties: Appellant: Maimuna Selemani; 1st Respondent: Stanslaus Mihugo; 2nd Respondent: Gilbert Laurence Misanya
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2019
Procedural Posture: Land Case Appeal / Ruling on Appeal, Preliminary Objection Raised Suo Motu by Court
Outcome: Proceedings from 19/06/2023 nullified, judgment quashed, orders set aside, matter remitted for retrial before new chairman.
Legal Topics: Tribunal Composition, Jurisdiction, Role of Assessors, Nullification of Proceedings
Source Language: English

Land Law Civil Procedure Tribunal Composition Jurisdiction Role of Assessors Nullification of Proceedings

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Parties

Maimuna Selemani

Appellant

Stanslaus Mihugo

1st Respondent

Gilbert Laurence Misanya

2nd Respondent

Procedural Posture

Land Case Appeal / Ruling on Appeal, Preliminary Objection Raised Suo Motu by Court

Legal Issues

1 Whether the District Land and Housing Tribunal proceedings were vitiated by improper composition and participation of assessors contrary to section 23(1) of the Land Disputes Courts Act

Ratio Decidendi

Court Disposition

Proceedings from 19/06/2023 nullified, judgment quashed, orders set aside, matter remitted for retrial before new chairman.

Orders

Proceedings from 19/06/2023 onward are nullified.
Judgment and orders of the District Land and Housing Tribunal set aside.