sikuzan saidi magambo another vs mohamed roble 2019 tzca 322 1 october 2019

The Tribunal's failure to properly record the locus in quo visit and to solicit and record assessors' opinions constituted fundamental procedural errors that vitiated the proceedings and occasioned miscarriage of justice, warranting nullification of the Tribunal and appellate court proceedings.

Citation: sikuzan saidi magambo another vs mohamed roble 2019 tzca 322 1 october 2019
Parties: Appellant: Sikuzani Said Magambo; Appellant: Kirioni Richard J; Respondent: Mohamed Roble
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 October 2019
Procedural Posture: Civil Appeal / Judgment
Outcome: proceedings and judgments of both lower courts nullified and quashed
Legal Topics: Procedural Irregularity, Tribunal Proceedings, Assessors' Opinion, Visit at Locus in Quo
Source Language: English

Land Law Civil Procedure Procedural Irregularity Tribunal Proceedings Assessors' Opinion Visit at Locus in Quo

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Parties

Sikuzani Said Magambo

Appellant

Kirioni Richard J

Appellant

Mohamed Roble

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the Tribunal properly observed procedures during the visit at locus in quo
2 Whether the opinion of assessors was sought and properly recorded
3 Whether the Tribunal's judgment and decree were appropriate and executable

Ratio Decidendi

Court Disposition

proceedings and judgments of both lower courts nullified and quashed

Orders

Entire proceedings and judgments of the District Land and Housing Tribunal and High Court quashed and nullified
Parties at liberty to institute a fresh suit before the Tribunal, subject to limitation law