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The High Court allowed a land appeal over jointly owned land sold without all co-owners’ consent, and set aside the tribunal’s judgment and decree.
The trial tribunal's judgment was a nullity due to failure to record assessors' opinions and to provide reasons for its decision, both being mandatory procedural requirements. The only remedy is an order for retrial before a properly constituted tribunal.
Source excerpt
The High Court partly allowed a land appeal, rejecting reliance on a criminal judgment to determine ownership, but upheld redemption of the land by heirs on payment of Tshs. 800,000.
The appeal concerned inherited land sold without consent. The court upheld the lower courts, struck out non-parties for lack of standing, and dismissed the appeal with costs.
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