20161215 TZHC Mbeya

The proceedings of the trial tribunal were irregular as the appellant was not given a proper opportunity to be heard at the locus in quo, which occasioned a failure of justice. The absence of framed issues and irregularities in the proceedings warranted nullification of the judgment and orders.

Citation: 20161215 TZHC Mbeya
Parties: Appellant: Shabani Showeji; Respondent: Mathias Mbinga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 December 2016
Procedural Posture: Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal allowed; proceedings, judgment, and orders of the trial tribunal nullified.
Legal Topics: Boundary Disputes, Natural Justice, Right to Be Heard, Nullification of Proceedings
Source Language: English

Land Law Civil Procedure Boundary Disputes Natural Justice Right to Be Heard Nullification of Proceedings

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Parties

Shabani Showeji

Appellant

Mathias Mbinga

Respondent

Procedural Posture

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

Legal Issues

1 Whether the trial tribunal erred in delivering judgment without giving the appellant a chance to prove the boundary
2 Whether the appellant was denied the right to be heard at the locus in quo

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings, judgment, and orders of the trial tribunal nullified.

Orders

All proceedings, judgment, and orders of the trial tribunal are nullified.
Either party may institute a fresh suit before a competent court with a different Chairperson and assessors.