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Tanzania decisions
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The High Court allowed a land appeal, quashed the tribunal’s decision for unclear assessor involvement, and remitted the matter for retrial before a new chairperson and assessors.
Failure to properly constitute the District Land and Housing Tribunal with assessors as mandated by section 23(1) and (2) of the Land Dispute Courts Act Cap 216 is a jurisdictional defect that renders the proceedings and resulting judgments a nullity, necessitating a retrial.
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The DLHT lawfully proceeded without assessors after the successor chairperson took over, as permitted by section 23(3) of the Land Disputes Courts Act, and the proceedings were not vitiated.
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The Court of Appeal nullified a land tribunal trial because different sets of assessors heard parts of the same case and no valid assessor opinion was recorded.
The Court of Appeal dismissed an appeal seeking extension of time to challenge a land tribunal decision, holding that no sufficient cause for the delay was shown.
High Court allowed a second land appeal, holding that defects in Ward Tribunal composition and quorum rendered the proceedings a nullity and deprived the tribunal of jurisdiction.
The High Court dismissed a land appeal, upholding the tribunal’s decision that the sale of the disputed property was valid and that procedural complaints lacked merit.
Court of Appeal held the Land Tribunal was improperly constituted because assessors changed during trial, rendering the proceedings and later judgments a nullity.
The Court of Appeal nullified the tribunal and High Court decisions because assessors were not present throughout the trial and their opinions were irregular.
The failure of the Tribunal Chairman to solicit, receive, read out, and consider the assessors' opinions in the proceedings and judgment is a fatal omission that vitiates the entire proceedings, necessitating their nullification and a retrial.
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