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The High Court set aside a DLHT land decision for lack of proper Ward Tribunal referral and noted the boundary dispute warranted a locus in quo visit.
Failure by the DLHT chairman to require assessors to present their written opinions in the presence of the parties before delivery of judgment is a fatal error that renders the proceedings and judgment a nullity.
Source excerpt
The High Court allowed a land appeal after finding the District Land and Housing Tribunal lacked jurisdiction because the dispute bypassed Ward Tribunal mediation.
The trial Chairperson erred in law by failing to ensure the opinion of Tribunal assessors was read to the parties before judgment, rendering the proceedings fatally defective.
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