Automated Summary
Key Facts
In Land Appeal No. 89 of 2021, Break Point Outdoor Caterers Limited appealed against a 2020 decision by the Ilala District Land and Housing Tribunal. The High Court of Tanzania (Land Division) found the fourth ground of appeal meritorious, nullifying the trial tribunal's judgment due to non-compliance with Regulation 19(2) of the District Land and Housing Tribunal Regulations, which requires assessors' written opinions to be given in the presence of parties before judgment. The court ordered a trial de novo before a new chairman and assessors. Judgment was delivered on 30.08.2022 by T. N. Mwenegoha, J.
Issues
Whether the trial Tribunal erred in law and facts for delivering judgment without requiring assessors' written opinions to be read in the presence of the parties as mandated by Regulation 19(2) of the Land Disputes Regulations 2002, thereby violating the procedural requirements for assessors' participation in the proceedings.
Holdings
- The 4th ground of appeal is allowed, as the trial Tribunal erred in law and facts for delivering a judgment without the assessors' opinions being read to the parties in accordance with Regulation 19(2) of the District Land and Housing Tribunal Regulations. This procedural irregularity rendered the trial tribunal's judgment null and void.
- The court orders that costs shall follow the event, with each party bearing their own costs in relation to the appeal proceedings.
- The appeal is allowed in its entirety due to the fatal irregularity in the 4th ground of appeal. The court found no necessity to address the remaining grounds (1st, 3rd, and 5th) as the nullification of the trial tribunal's judgment already determines the appeal's outcome.
Remedies
- The appeal is allowed; the trial tribunal's judgment is nullified and a retrial is ordered; costs to follow the event.
- The trial tribunal's judgment is nullified and a retrial is ordered before another Chairman and a new set of assessors.
- Costs to follow the event (each party to bear their own costs).
Legal Principles
The court applied the principle of Natural Justice, requiring that assessors' opinions in writing be read to the parties before the judgment is composed, as per Regulation 19(2) of the District Land and Housing Tribunal Regulations and the case of Edna Adam Kibona vs. Absalom Swebe.
Precedent Name
- Tubone Mwambeta versus Mbeya City Council
- Edna Adam Kibona vs. Absalom Swebe(sheli)
Cited Statute
- Land Disputes Courts Act
- Land Disputes Regulations of 2002
- District Land and Housing Tribunal Regulations GN No. 174/2002
Judge Name
T. N. MWENEGOHA
Passage Text
- For the foregoing reasons, I find the 4th ground of appeal to have merit and allow it accordingly.
- For the reasons I have given here in above, under Section 43 (1) (b) and 45 of the Land Disputes Courts Act, Cap 216 R. E. 2016, I nullify the proceedings and judgment of the District Land and Housing Tribunal of Kinondoni and hereby order a trial de novo before another Chairman and a new set of assessors be commenced.
- These facts are conclusive evidence, in my settled opinion, to prove the allegations by the appellant that the decision was delivered in absence of the assessors, or the same was delivered without the opinion of assessors being read to the parties. This is contrary to the provisions of Regulation 19 (2) (supra). It has already been settled by the Court of Appeal of Tanzania in the case of Edna Adam Kibona (supra), that,...