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Tanzania decisions
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The trial tribunal was properly constituted as the gender and identity of members were recorded in key sessions, the same members participated throughout, and the statutory requirements were substantially complied with; omission to record gender in every session did not occasion injustice or invalidate the proceedings.
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Unclear and inconsistent involvement of assessors throughout the trial vitiated the proceedings, rendering the judgment and decree a nullity.
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The High Court dismissed a land appeal, holding the tribunal was properly constituted and the appellant failed to prove ownership or encroachment.
The High Court nullified land tribunal proceedings for defective assessor composition, set aside the judgment and decree, and ordered a retrial.
Failure to record the names of assessors in the coram and lack of clarity regarding their participation rendered the Tribunal improperly constituted, vitiating the proceedings, judgment, and decree, which must be nullified and the matter remitted for retrial before a different chairperson and new assessors.
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The trial tribunal's failure to observe mandatory procedures during the locus in quo visit, including improper constitution and lack of adherence to guidelines, vitiated the proceedings and judgment, necessitating a retrial.
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The proceedings and decisions of the District Land and Housing Tribunal for Singida and Msange Ward Tribunal are nullified due to denial of the right to be heard, improper tribunal composition, and lack of proper land description; all affected parties must be heard afresh.
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The High Court granted 30 days’ extension of time so the applicants could file an application for certification on a point of law, finding sufficient cause from alleged tribunal irregularities.
The Ward Tribunal was not properly constituted as required by law, with inconsistent quorum and lack of gender specification, rendering its proceedings and decision a nullity and depriving it of jurisdiction to try the case. The District Land and Housing Tribunal failed to address this illegality. The amendment to the law did not retrospectively affect the case since substantive justice had been reached before the amendment's publication.
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The Court of Appeal nullified land tribunal and High Court decisions after finding the tribunal was improperly composed and assessors’ opinions were not properly recorded.
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