wankuru magabe vs teresia mcharya 2023 tzca 17438 20 july 2023

Failure to comply with statutory requirements for assessors' written opinions and their inclusion in the record vitiates the proceedings and judgments of the DLHT and High Court, rendering them nullities.

Citation: wankuru magabe vs teresia mcharya 2023 tzca 17438 20 july 2023
Parties: Appellant: Wankuru Magabe; Respondent: Teresia Mcharya
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 20 July 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Role of Assessors, Procedural Compliance, Nullity of Proceedings
Source Language: English

Land Law Civil Procedure Role of Assessors Procedural Compliance Nullity of Proceedings

Case Brief

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Parties

Wankuru Magabe

Appellant

Teresia Mcharya

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the absence of assessors' written opinions in the DLHT record vitiates the proceedings and judgment
2 Whether the Chairman complied with sections 23 and 24 of the Land Disputes Courts Act and Regulation 19 of the Regulations

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Proceedings and judgments of DLHT and High Court quashed and nullified.
Record remitted to DLHT for rehearing and proper judgment with full compliance to sections 23 and 24 of LDCA and Regulation 19.