said shaban dengwa vs enterpreneurs financial centers others 2019 tzhclandd 5 13 september 2019

The proceedings were vitiated by procedural irregularities, specifically the failure to obtain individual written opinions from each assessor and to read them out to the parties before judgment, contrary to statutory requirements.

Citation: said shaban dengwa vs enterpreneurs financial centers others 2019 tzhclandd 5 13 september 2019
Parties: Appellant: Said Shabani Dengwa; 1st Respondent: Entrepreneurs Financial Center; 2nd Respondent: Hafsa Hamis Kitonka; 3rd Respondent: Mussa Bakari Thabit
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 13 September 2019
Procedural Posture: Land Appeal / Judgment
Outcome: proceedings nullified, judgment and decree quashed and set aside
Legal Topics: Tribunal Procedure, Assessors' Opinions, Loan Dispute, Property Attachment
Source Language: English

Land Law Civil Procedure Tribunal Procedure Assessors' Opinions Loan Dispute Property Attachment

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Said Shabani Dengwa

Appellant

Entrepreneurs Financial Center

1st Respondent

Hafsa Hamis Kitonka

2nd Respondent

Mussa Bakari Thabit

3rd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the trial tribunal erred in dismissing the application without visiting the disputed area
2 Whether the trial tribunal failed to analyze evidence properly
3 Whether the photographs and valuation report related to the appellant's property

Ratio Decidendi

Court Disposition

proceedings nullified, judgment and decree quashed and set aside

Orders

If parties are interested, expedited hearing before another Chairman with new assessors
Each party to bear its own costs