samson njarai another vs jacob mesoviro 2016 tzca 2085 25 february 2016

Replacement of an assessor after commencement and failure to record participation of all assessors in questioning witnesses are fatal irregularities rendering the proceedings a nullity.

Citation: samson njarai another vs jacob mesoviro 2016 tzca 2085 25 february 2016
Parties: Appellant: Samson Njarai; Appellant: Leah Njarai; Respondent: Jacob Mesoviro
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 25 February 2016
Procedural Posture: Civil Appeal / Appellate (court of Appeal)
Outcome: proceedings declared a nullity; retrial ordered
Legal Topics: Composition of Tribunal, Role of Assessors, Procedural Irregularity, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Composition of Tribunal Role of Assessors Procedural Irregularity Nullity of Proceedings

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Parties

Samson Njarai

Appellant

Leah Njarai

Appellant

Jacob Mesoviro

Respondent

Procedural Posture

Civil Appeal / Appellate (court of Appeal)

Legal Issues

1 Whether replacement of an assessor mid-proceedings was proper under the Land Disputes Courts Act
2 Whether failure to record participation of all assessors in questioning witnesses rendered proceedings invalid

Ratio Decidendi

Replacement of an assessor after commencement and failure to record participation of all assessors in questioning witnesses are fatal irregularities rendering the proceedings a nullity.

Court Disposition

proceedings declared a nullity; retrial ordered

Orders

Entire trial and subsequent proceedings quashed
Trial de novo ordered before another Chairman and another set of assessors