AMEIR MBARAK & ANOTHER v. EDGAR KAHWILI, CIVIL APPEAL NO. 154 of 2015

Abstract

Held: (i) Lack of the opinion of the assessors renders the decisionof the Land and Housing Tribunal nullity and it cannot be resuscitated by seeking fresh opinion of the assessors. (ii) It is mandatory for assessors to give their opinion and such opinion must be recorded so as to ascertain if the chairman did such opinion was considered in judgement. (iii) Where the chairman differs with the opinion of the assessors he must record reasons. It is unsafe to assume the opinion of assessors which is not on the record by merely reading the acknowledgement of the chairman in the judgment.