20170908 TZHC Mwanza

The appellate tribunal was not duly constituted as it was presided over by the chairperson alone without the mandatory two assessors, rendering its proceedings and judgment null and void.

Citation: 20170908 TZHC Mwanza
Parties: Appellant: Mwita Samwel; 1st Respondent: Mnaka Samwel; 2nd Respondent: Ghati Samwel; 3rd Respondent: Imani Samwel; 4th Respondent: Koromba Samwel; 5th Respondent: Shelda Samwel
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 September 2017
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal
Outcome: judgment and proceedings of the appellate tribunal nullified; appeal remitted for rehearing
Legal Topics: Tribunal Constitution, Appeal Procedure, Estate Succession
Source Language: English

Land Law Civil Procedure Tribunal Constitution Appeal Procedure Estate Succession

Case Brief

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Parties

Mwita Samwel

Appellant

Mnaka Samwel

1st Respondent

Ghati Samwel

2nd Respondent

Imani Samwel

3rd Respondent

Koromba Samwel

4th Respondent

Shelda Samwel

5th Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellate tribunal was properly constituted in accordance with the Land Disputes Court Act
2 Whether the appellate tribunal's judgment and proceedings are valid

Ratio Decidendi

The appellate tribunal was not duly constituted as it was presided over by the chairperson alone without the mandatory two assessors, rendering its proceedings and judgment null and void.

Court Disposition

judgment and proceedings of the appellate tribunal nullified; appeal remitted for rehearing

Orders

Judgment and proceedings of the appellate tribunal are nullified.
File remitted to the appellate tribunal for rehearing before another chairperson.