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Tanzania decisions
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The High Court granted extension of time and certified mixed points of law and fact for appeal, finding sufficient cause and no inordinate delay.
The High Court dismissed a land appeal, upholding the tribunal’s jurisdiction and finding that procedural irregularities about assessors did not cause injustice.
The High Court granted leave to appeal to the Court of Appeal in a land dispute, finding the proposed grounds raised arguable points on assessors’ opinions, locus in quo, and locus standi.
The failure of the trial tribunal to properly record and appreciate the proceedings and evidence during the visit to locus in quo constituted a procedural irregularity that vitiated the trial and occasioned a miscarriage of justice, warranting the quashing of the proceedings and judgment.
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The High Court nullified a land tribunal decision after finding procedural irregularity in a locus in quo visit and ordered rehearing before a new panel.
High Court appeal in a land dispute allowed after the judge found a fundamental procedural irregularity: the tribunal failed to record and consider assessors’ opinions.
The failure of the District Land and Housing Tribunal Chairman to take into account and record the opinion of assessors in the judgment, as mandated by Section 24 of the Land Disputes Courts Act, rendered the decision illegal and a nullity, necessitating the quashing of the proceedings and setting aside of the judgment.
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