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Tanzania decisions
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Failure to append signature after recording witness testimonies and omission to record and read assessors' opinions constitute incurable procedural irregularities that vitiate the proceedings and judgment.
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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.
The DLHT erred by determining matrimonial issues outside its jurisdiction, disregarding assessors' opinions without reasons, and relying on an invalid sale agreement not supported by credible evidence. The appellants proved their status as lawful owners of the disputed land, and the counterclaim was not sufficiently proved.
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The trial tribunal complied with statutory requirements; assessors' opinions were solicited and read as recorded in proceedings; ground of appeal lacks merit.
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Appellant failed to prove ownership of the disputed land on balance of probabilities; evidence was weak and contradictory regarding inheritance and gift intervivos. Tribunal Chairman properly departed from assessors' opinions with stated reasons. Respondent's evidence was more credible.
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The High Court dismissed a land appeal, holding that the tribunal properly conducted a locus in quo visit, the respondent had standing, and the claim was proved.
The High Court dismissed a second land appeal, holding that the tribunal chairperson gave reasons for differing with assessors and that no prejudice was shown from judgment delivery on a public holiday.
The appellate tribunal properly recorded assessors' opinions in writing and in the presence of parties, the trial tribunal was properly constituted, and the appellate tribunal re-evaluated the evidence; no irregularity or miscarriage of justice occurred.
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The High Court dismissed a land appeal, holding that failure to read assessors’ written opinions to the parties did not vitiate proceedings absent prejudice.
The omission to read and explain the contents of the application to the appellant was not fatal as the appellant was not prejudiced and had filed a written statement of defence; the assessors' opinions were prepared, presented, and formed part of the record, and the relevant regulations were substantially complied with.
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