peter makuri vs michael magwega 2022 tzca 54 23 february 2022
The failure of the Tribunal Chairman to solicit, receive, read out, and consider the assessors' opinions in the proceedings and judgment is a fatal omission that vitiates the entire proceedings, necessitating their nullification and a retrial.
- Citation
- peter makuri vs michael magwega 2022 tzca 54 23 february 2022
- Parties
- Appellant: Peter Makuri; Respondent: Michael Magwega
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2022
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- proceedings nullified and quashed; retrial ordered
- Legal Topics
- Composition of Tribunal, Role of Assessors, Nullification of Proceedings, Trial De Novo
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Makuri
Appellant
Michael Magwega
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the District Land and Housing Tribunal complied with the mandatory requirement to solicit, receive, and consider assessors' opinions in its decision-making process
Ratio Decidendi
The failure of the Tribunal Chairman to solicit, receive, read out, and consider the assessors' opinions in the proceedings and judgment is a fatal omission that vitiates the entire proceedings, necessitating their nullification and a retrial.
Court Disposition
proceedings nullified and quashed; retrial ordered
Orders
- Entire proceedings before the Tribunal and subsequent High Court proceedings quashed and nullified
- Trial de novo before another Chairman and a new set of assessors ordered
Full Case Text
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