20181115 TZHC Mwanza2

The tribunal's failure to record and consider assessors' opinions before judgment was a fatal procedural error, rendering the proceedings and judgment null and void.

Citation: 20181115 TZHC Mwanza2
Parties: Appellant: Odera Masige; Respondent: Juma Magesa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 November 2018
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal
Outcome: Appeal allowed. Proceedings and orders of the tribunal quashed and set aside. Retrial ordered before a different Chairman. No order as to costs.
Legal Topics: Tribunal Procedure, Role of Assessors, Judgment Requirements
Source Language: English

Land Law Civil Procedure Tribunal Procedure Role of Assessors Judgment Requirements

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Parties

Odera Masige

Appellant

Juma Magesa

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal erred by failing to record and consider assessors' opinions in its judgment
2 Whether the judgment met the legal threshold under applicable regulations

Ratio Decidendi

The tribunal's failure to record and consider assessors' opinions before judgment was a fatal procedural error, rendering the proceedings and judgment null and void.

Court Disposition

Appeal allowed. Proceedings and orders of the tribunal quashed and set aside. Retrial ordered before a different Chairman. No order as to costs.

Orders

The proceedings in Misc. Application No.58 of 2017 and the orders made thereof are quashed and set aside.
The matter to proceed in the District Land and Housing Tribunal of Tarime before another Chairman.