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Tanzania decisions
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The trial and appellate tribunals properly evaluated evidence, the secretary's signing of proceedings was not an irregularity, and the new panel's continuation was lawful. No procedural flaws occasioned a failure of justice.
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The trial tribunal properly evaluated evidence, was properly constituted, and any alleged irregularities did not occasion a failure of justice. The appeal lacked merit and was dismissed.
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The Court of Appeal dismissed a land-related civil appeal, holding that the appellant failed to show sufficient cause for extension of time to appeal.
The High Court quashed a land tribunal judgment after finding the tribunal irregularly sat with only one assessor without recording reasons in the proceedings.
The High Court granted leave to appeal to the Court of Appeal in a land dispute, finding the proposed grounds raised legal questions suitable for appellate scrutiny.
Land appeal allowed. The High Court found the respondent lacked credible proof of ownership and locus standi, upheld the appellant’s occupation evidence, and quashed the tribunal decision.
The trial tribunal was not properly constituted as the assessors who commenced the trial were not present throughout, and a new assessor participated in the decision without hearing the applicant's case. Additionally, the written opinions of assessors were not on record or availed to the parties. These procedural irregularities contravened mandatory legal provisions and rendered the proceedings and judgment a nullity.
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The failure to record the assessors' opinions in the proceedings and the consideration of the opinion of an assessor who did not participate in the hearing constituted a fundamental irregularity, rendering the tribunal's judgment improper and invalid.
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Irregular attendance and involvement of assessors during trial was fatal, vitiated proceedings, and cannot be cured under section 45 as it occasioned failure of justice; entire proceedings, judgment, and decree are nullified.
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The tribunal was not properly constituted with assessors throughout the trial, and assessors' opinions were neither properly recorded nor read before judgment, constituting fundamental procedural errors that vitiated the proceedings.
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