riziki salum vs nmb 2 others 2022 tzhclandd 12527 27 october 2022

riziki salum vs nmb 2 others 2022 tzhclandd 12527 27 october 2022

Irregularities in tribunal proceedings, including failure to state reasons for change of chairperson and failure to sign witness evidence, are incurable and render the proceedings and decision a nullity; matter must be retried de novo.

Citation
riziki salum vs nmb 2 others 2022 tzhclandd 12527 27 october 2022
Parties
Appellant: Riziki Salum; Respondent: NMB; Respondent: Mohamed H. Mwinyi; Respondent: Magesa Boniface Kassana
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 October 2022
Procedural Posture
Land Appeal / Judgment
Outcome
Proceedings nullified, decision quashed and set aside, matter ordered to be tried de novo before another chairman with competent jurisdiction.
Legal Topics
Irregularities in Tribunal Proceedings, Change of Trial Chairperson, Signing of Witness Evidence, Role of Assessors
Source Language
English
Land Law Civil Procedure Irregularities in Tribunal Proceedings Change of Trial Chairperson Signing of Witness Evidence Role of Assessors

Case Brief

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Parties

Riziki Salum

Appellant

NMB

Respondent

Mohamed H. Mwinyi

Respondent

Magesa Boniface Kassana

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Effect of irregularities in tribunal proceedings
  2. 2 Failure to state reason for change of chairperson
  3. 3 Failure to sign witness evidence

Ratio Decidendi

Irregularities in tribunal proceedings, including failure to state reasons for change of chairperson and failure to sign witness evidence, are incurable and render the proceedings and decision a nullity; matter must be retried de novo.

Court Disposition

Proceedings nullified, decision quashed and set aside, matter ordered to be tried de novo before another chairman with competent jurisdiction.

Orders

  • Proceedings of tribunal nullified
  • Decision of tribunal quashed and set aside