20160129 TZHC Mwanza

20160129 TZHC Mwanza

The order for retrial by the District Land and Housing Tribunal was proper due to procedural irregularity and insufficient evidence; the appellant's claims of bias and improper evidence handling were not substantiated by the record.

Citation
20160129 TZHC Mwanza
Parties
Appellant: Samwel Oruaru Malaki; Respondent: Okechi Nyaruba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2016
Procedural Posture
Land Appeal / Second Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Procedural Irregularity, Retrial Orders, Tribunal Bias, Evidence Assessment
Source Language
English
Land Law Procedural Irregularity Retrial Orders Tribunal Bias Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Samwel Oruaru Malaki

Appellant

Okechi Nyaruba

Respondent

Procedural Posture

Land Appeal / Second Appellate Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in ordering a retrial
  2. 2 Whether the trial tribunal chairperson was biased or improperly disqualified
  3. 3 Whether the evidence was properly considered by the tribunals

Ratio Decidendi

The order for retrial by the District Land and Housing Tribunal was proper due to procedural irregularity and insufficient evidence; the appellant's claims of bias and improper evidence handling were not substantiated by the record.

Court Disposition

appeal dismissed

Orders

  • No reason to fault the District Land and Housing Tribunal's retrial order.
  • Appellant advised to raise bias before tribunal if apprehended.