roda mtinga mtengera vs bwire mgeta 2023 tzhc 15735 28 february 2023
The tribunal's proceedings were a nullity due to unclear and irregular involvement of assessors, with no reasons recorded for changes and only one assessor giving an opinion, contrary to sections 23 and 24 of the Land Disputes Courts Act.
- Citation
- roda mtinga mtengera vs bwire mgeta 2023 tzhc 15735 28 february 2023
- Parties
- Appellant: Roda Mtinga Mtengera; Respondent: Bwire Mgeta
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- Appeal allowed; tribunal proceedings and judgment nullified.
- Legal Topics
- Involvement of Assessors, Nullity of Proceedings, District Land and Housing Tribunal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Roda Mtinga Mtengera
Appellant
Bwire Mgeta
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether unclear involvement of assessors in tribunal proceedings renders the proceedings a nullity
- 2 Whether the tribunal's failure to record reasons for changes in assessors vitiates the proceedings
Ratio Decidendi
The tribunal's proceedings were a nullity due to unclear and irregular involvement of assessors, with no reasons recorded for changes and only one assessor giving an opinion, contrary to sections 23 and 24 of the Land Disputes Courts Act.
Court Disposition
Appeal allowed; tribunal proceedings and judgment nullified.
Orders
- Proceedings and judgment of the District Land and Housing Tribunal in Land Application No. 66 of 2019 are quashed and nullified.
- No order as to costs.
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