yschawalla co ltd vs dr abbateherali 2019 tzca 23 19 february 2019

Irregular replacement of assessors and absence of their opinions in the record vitiated the trial proceedings and the first appellate court's proceedings, requiring nullification and a fresh hearing.

Citation: yschawalla co ltd vs dr abbateherali 2019 tzca 23 19 february 2019
Parties: Appellant: Y. S. Chawalla & Co. Ltd; Respondent: Dr. Abbas Teherali
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 February 2019
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: proceedings nullified
Legal Topics: Tenancy Agreement, Tribunal Procedure, Assessor Participation
Source Language: English

Land Law Civil Procedure Tenancy Agreement Tribunal Procedure Assessor Participation

Case Brief

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Parties

Y. S. Chawalla & Co. Ltd

Appellant

Dr. Abbas Teherali

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the trial proceedings were vitiated by irregular participation and replacement of assessors
2 Whether assessors' opinions were properly recorded as required by law

Ratio Decidendi

Irregular replacement of assessors and absence of their opinions in the record vitiated the trial proceedings and the first appellate court's proceedings, requiring nullification and a fresh hearing.

Court Disposition

proceedings nullified

Orders

Entire proceedings of the Trial Tribunal and High Court Civil Appeal No. 70 of 2019 are nullified.
Respondent's action to be heard afresh before another Chairperson and new set of assessors.