20120912 TZHC Dar es Salaam
Failure to record and consider assessors' opinions as required by law and raising the issue of locus standi without affording parties the right to be heard are fatal procedural irregularities rendering the proceedings and judgment a nullity.
- Citation
- 20120912 TZHC Dar es Salaam
- Parties
- Appellant: Odilo Kalumbalumba; Respondent: Christina Mkungula
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 September 2012
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed with costs
- Legal Topics
- Procedure, Assessors' Opinions, Locus Standi, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Odilo Kalumbalumba
Appellant
Christina Mkungula
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the Tribunal failed to comply with mandatory requirements regarding assessors' opinions under the Land Disputes Courts Act, 2002
- 2 Whether the Tribunal improperly raised the issue of locus standi without giving parties an opportunity to be heard
Ratio Decidendi
Failure to record and consider assessors' opinions as required by law and raising the issue of locus standi without affording parties the right to be heard are fatal procedural irregularities rendering the proceedings and judgment a nullity.
Court Disposition
appeal allowed with costs
Orders
- Appeal allowed with costs
Full Case Text
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