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The appellate tribunal's omission to properly involve assessors in hearing and determination of the appeal, including failure to record or read their written opinions, constitutes a fatal procedural error that vitiates the proceedings and judgment, necessitating nullification and retrial.
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The tribunal's proceedings were a nullity due to unclear and irregular involvement of assessors, with no reasons recorded for changes and only one assessor giving an opinion, contrary to sections 23 and 24 of the Land Disputes Courts Act.
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The proceedings from 15th July 2022 were vitiated because the successor chairman took over and proceeded without addressing the parties in their presence or recording reasons for the takeover, contrary to mandatory procedural requirements. This omission rendered the proceedings, judgment, and decree a nullity.
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The Court of Appeal held that irregular and unclear involvement of assessors in the District Land and Housing Tribunal rendered the proceedings a nullity.
The High Court granted extension of time to appeal, holding that apparent irregularities in the DLHT record, including notice and assessor issues, justified the application.
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