sawena masindoki another vs nyangi ogigo 2010 tzhc 218 2 november 2010

The Tribunal's proceedings and judgment were fatally defective for failure to sit with assessors and for not providing facts, reasons, or recording assessors' opinions, violating mandatory statutory requirements. The entire proceedings and judgment are quashed and the matter is remitted for retrial.

Citation: sawena masindoki another vs nyangi ogigo 2010 tzhc 218 2 november 2010
Parties: Appellant: Sawena Masindoki; Appellant: Hamisi Ally; Respondent: Nyangi Ogigo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 November 2010
Procedural Posture: Land Appeal / Judgment on Consolidated Appeals
Outcome: appeal dismissed; proceedings and judgment of the Tribunal quashed; trial de novo ordered
Legal Topics: Composition of Tribunal, Judgment Requirements, Role of Assessors, Trial De Novo
Source Language: English

Land Law Civil Procedure Composition of Tribunal Judgment Requirements Role of Assessors Trial De Novo

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Parties

Sawena Masindoki

Appellant

Hamisi Ally

Appellant

Nyangi Ogigo

Respondent

Procedural Posture

Land Appeal / Judgment on Consolidated Appeals

Legal Issues

1 Whether the District Land and Housing Tribunal was properly constituted with assessors as required by law
2 Whether the judgment of the Tribunal was defective for lack of facts, reasons, and assessors' opinions

Ratio Decidendi

Court Disposition

appeal dismissed; proceedings and judgment of the Tribunal quashed; trial de novo ordered

Orders

Proceedings and decision of the District Land and Housing Tribunal quashed
Matter to be tried de novo before the Tribunal