nuru mapunda vs ally abbasi 2020 tzhclandd 128 7 may 2020
Failure to record tribunal quorum and party attendance in each sitting is fatal, as it cannot be ascertained whether the tribunal was properly composed or whether the appellant was condemned unheard, violating mandatory statutory requirements and principles of natural justice.
Source-derived case information.
- Citation
- nuru mapunda vs ally abbasi 2020 tzhclandd 128 7 may 2020
- Parties
- Appellant: Nuru Mpunda; Respondent: Ally Abbasi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 May 2020
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Natural Justice, Right to Be Heard, Tribunal Quorum, Ward Tribunal Composition
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nuru Mpunda
Appellant
Ally Abbasi
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 whether the appellant was denied the right to be heard
- 2 whether the tribunal proceedings complied with mandatory quorum requirements
Ratio Decidendi
Failure to record tribunal quorum and party attendance in each sitting is fatal, as it cannot be ascertained whether the tribunal was properly composed or whether the appellant was condemned unheard, violating mandatory statutory requirements and principles of natural justice.
Court Disposition
appeal allowed
Orders
- all proceedings of the trial tribunal in Case No. 17/2014 nullified
- subsequent judgment and decree on appeal nullified
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