ramadhani saidi mndewa and another vs severine masawe samba 2022 tzhc 14897 29 november 2022

ramadhani saidi mndewa and another vs severine masawe samba 2022 tzhc 14897 29 november 2022

The proceedings and judgment of the District Land and Housing Tribunal were nullified due to failure to comply with mandatory legal requirements regarding the involvement and participation of assessors, and failure to properly record the locus in quo visit, which constituted material irregularities affecting the merits of the case and resulting in injustice.

Citation
ramadhani saidi mndewa and another vs severine masawe samba 2022 tzhc 14897 29 november 2022
Parties
Appellant: Ramdhani Saidi Mndewa; Appellant: Mwajuma Salum; Respondent: Severine Masawe Samba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2022
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Proceedings and judgment of the District Land and Housing Tribunal nullified; matter remitted for retrial de novo before a different Chairperson.
Legal Topics
Tribunal Composition, Role of Assessors, Procedural Irregularities, Retrial/trial De Novo
Source Language
English
Land Law Civil Procedure Tribunal Composition Role of Assessors Procedural Irregularities Retrial/trial De Novo

Case Brief

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Parties

Ramdhani Saidi Mndewa

Appellant

Mwajuma Salum

Appellant

Severine Masawe Samba

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was properly constituted as per section 23(1) and (2) of the Land Disputes Courts Act, Cap. 216 [R.E. 2019]
  2. 2 Whether the failure to involve assessors and record their opinions vitiated the proceedings and judgment
  3. 3 Whether the omission to record the locus in quo visit and its findings prejudiced the case

Ratio Decidendi

The proceedings and judgment of the District Land and Housing Tribunal were nullified due to failure to comply with mandatory legal requirements regarding the involvement and participation of assessors, and failure to properly record the locus in quo visit, which constituted material irregularities affecting the merits of the case and resulting in injustice.

Court Disposition

Proceedings and judgment of the District Land and Housing Tribunal nullified; matter remitted for retrial de novo before a different Chairperson.

Orders

  • Proceedings and judgment in Land Application No. 9 of 2018 and decree set aside.
  • Matter remitted to District Land and Housing Tribunal for fresh determination de novo before a different Chairperson.