paschal philipo vs martin nicholaus and another 2021 tzhc 9295 10 december 2021

The proceedings of the District Land and Housing Tribunal were vitiated by irregular change of assessors, failure to properly involve assessors, failure to read assessors' opinions to parties, and change of chairpersons without assigning reasons, rendering the trial null and void.

Citation: paschal philipo vs martin nicholaus and another 2021 tzhc 9295 10 december 2021
Parties: Appellant: Paschal Philipo; 1st Respondent: Martin Nicholaus; 2nd Respondent: Monica Lwimilinzi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 December 2021
Procedural Posture: Land Appeal / Judgment
Outcome: proceedings quashed, judgment and orders set aside, matter to be heard afresh
Legal Topics: Tribunal Composition, Assessors' Opinions, Change of Chairpersons, Ownership of Land
Source Language: English

Land Law Civil Procedure Tribunal Composition Assessors' Opinions Change of Chairpersons Ownership of Land

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Parties

Paschal Philipo

Appellant

Martin Nicholaus

1st Respondent

Monica Lwimilinzi

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 whether the trial tribunal was properly constituted
2 whether assessors' opinions were properly considered and read to parties
3 whether change of chairpersons was lawful

Ratio Decidendi

Court Disposition

proceedings quashed, judgment and orders set aside, matter to be heard afresh

Orders

application to be heard afresh before another Chairman and different assessors
no order as to costs