sakina sadiki mbano vs amina said butete others 2022 tzca 150 28 march 2022

sakina sadiki mbano vs amina said butete others 2022 tzca 150 28 march 2022

Failure to comply with the mandatory requirement to have assessors' opinions read before the parties prior to judgment renders the proceedings and resultant judgment of the DLHT a nullity, and any appellate proceedings based on such a judgment are also a nullity.

Citation
sakina sadiki mbano vs amina said butete others 2022 tzca 150 28 march 2022
Parties
Appellant: Sakina Sadiki Mbano; 1st Respondent: Amina Said Butete; 2nd Respondent: Sada Ibrahim; 3rd Respondent: Radhia Ibrahim; 4th Respondent: Neema Ibrahim; 5th Respondent: Maidia Ibrahim; 6th Respondent: Asha Ibrahim
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
proceedings and judgments of DLHT and High Court quashed and set aside; retrial ordered
Legal Topics
Nullity of Proceedings, Assessors' Opinions, Retrial, Procedural Irregularity
Source Language
English
Land Law Civil Procedure Nullity of Proceedings Assessors' Opinions Retrial Procedural Irregularity

Case Brief

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Parties

Sakina Sadiki Mbano

Appellant

Amina Said Butete

1st Respondent

Sada Ibrahim

2nd Respondent

Radhia Ibrahim

3rd Respondent

Neema Ibrahim

4th Respondent

Maidia Ibrahim

5th Respondent

Asha Ibrahim

6th Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to read assessors' opinions before judgment renders proceedings a nullity
  2. 2 Whether the High Court appeal could stand if the DLHT proceedings were a nullity

Ratio Decidendi

Failure to comply with the mandatory requirement to have assessors' opinions read before the parties prior to judgment renders the proceedings and resultant judgment of the DLHT a nullity, and any appellate proceedings based on such a judgment are also a nullity.

Court Disposition

proceedings and judgments of DLHT and High Court quashed and set aside; retrial ordered

Orders

  • Quash and set aside proceedings and judgments of DLHT and High Court
  • Order retrial of Land Application No. 29 of 2014 before DLHT Tabora by a different Chairman and new assessors