samson ntunde vs grace samson ntunde 2023 tzhc 22636 16 november 2023

samson ntunde vs grace samson ntunde 2023 tzhc 22636 16 november 2023

The proceedings and judgment of the District Land and Housing Tribunal were nullified due to incurable procedural irregularities: non-appending of the chairman's signature after each witness's testimony, failure to record and read assessors' opinions in the presence of parties, and change of trial chairman without assigning reasons, all of which are mandatory legal requirements affecting jurisdiction and authenticity of the proceedings.

Citation
samson ntunde vs grace samson ntunde 2023 tzhc 22636 16 november 2023
Parties
Appellant: Samson Ntunde; Respondent: Grace Samson Ntunde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 November 2023
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Proceedings and judgment of the District Land and Housing Tribunal nullified and set aside.
Legal Topics
Nullification of Proceedings, Procedural Irregularities, Jurisdiction of Tribunal, Role of Assessors, Change of Presiding Officer
Source Language
English
Land Law Civil Procedure Nullification of Proceedings Procedural Irregularities Jurisdiction of Tribunal Role of Assessors Change of Presiding Officer

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Parties

Samson Ntunde

Appellant

Grace Samson Ntunde

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether failure to append signature after each witness's testimony vitiates proceedings
  2. 2 Whether failure to record and read assessors' opinions renders proceedings a nullity
  3. 3 Whether change of trial chairman without assigning reasons affects jurisdiction and validity of proceedings

Ratio Decidendi

The proceedings and judgment of the District Land and Housing Tribunal were nullified due to incurable procedural irregularities: non-appending of the chairman's signature after each witness's testimony, failure to record and read assessors' opinions in the presence of parties, and change of trial chairman without assigning reasons, all of which are mandatory legal requirements affecting jurisdiction and authenticity of the proceedings.

Court Disposition

Proceedings and judgment of the District Land and Housing Tribunal nullified and set aside.

Orders

  • Proceedings of Land Application No. 77 of 2017 before the District Land and Housing Tribunal for Singida nullified.
  • Judgment and decree dated 19th September 2022 set aside.