mohamed ismail murudker vs fathia bomani others 2021 tzca 441 2 september 2021

mohamed ismail murudker vs fathia bomani others 2021 tzca 441 2 september 2021

Failure to commence trial with the aid of two assessors and irregular participation at later stages is fatal and renders the proceedings, judgment, and decree of the High Court a nullity.

Citation
mohamed ismail murudker vs fathia bomani others 2021 tzca 441 2 september 2021
Parties
Appellant: Mohamed Ismail Murudker; 1st Respondent: Fathia Bomani; 2nd Respondent: The Commissioner for Lands; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 September 2021
Procedural Posture
Civil Appeal / Court of Appeal Ruling
Outcome
proceedings, judgment, and decree of the High Court nullified; retrial ordered; each party to bear own costs
Legal Topics
Nullity of Proceedings, Role of Assessors, Procedural Irregularity, Retrial Order
Source Language
English
Civil Procedure Land Law Nullity of Proceedings Role of Assessors Procedural Irregularity Retrial Order

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Parties

Mohamed Ismail Murudker

Appellant

Fathia Bomani

1st Respondent

The Commissioner for Lands

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Ruling

Legal Issues

  1. 1 Whether irregular participation of assessors vitiated the High Court proceedings
  2. 2 Whether the High Court proceedings, judgment, and decree were a nullity due to procedural irregularity

Ratio Decidendi

Failure to commence trial with the aid of two assessors and irregular participation at later stages is fatal and renders the proceedings, judgment, and decree of the High Court a nullity.

Court Disposition

proceedings, judgment, and decree of the High Court nullified; retrial ordered; each party to bear own costs

Orders

  • Nullification and quashing of High Court proceedings in Land Case No. 152 of 2008
  • Setting aside all orders emanating from the nullified proceedings