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Tanzania Judgment

TZHC

19990805 TZHC Dar es Salaam

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The failure of all court members to sign the judgment as required by law is an incurable irregularity, rendering the proceedings and judgments of both the Primary and District Courts a nullity.

Court disposition

proceedings and judgments of both lower courts declared a nullity; case to be heard afresh before another magistrate and assessors

Orders

  • Case to be heard afresh before another Magistrate and another set of assessors
  • No order as to costs

02

Material facts

Parties

Adnani Omary Kiondo

Appellant

Kanute Samato

Respondent

Amounts and remedies

  • Land in Dispute (acres): 7.3
  • Land Awarded by Primary Court (acres): 3.3

03

Procedural history

  1. Posture

    Civil Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant protested the District Court verdict which declared the whole area as belonging to the respondent.
Respondent
The respondent believed the whole piece of land was his and successfully appealed to the District Court for full possession.

05

Court’s reasoning

  1. 01

    GN. 2/88 - The Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987, Rule 3(2)

    A judgment of the Primary Court must be signed by all members if they agree on one decision.

06

Ratio, limits and disposition

Ratio decidendi

The failure of all court members to sign the judgment as required by law is an incurable irregularity, rendering the proceedings and judgments of both the Primary and District Courts a nullity.

Court disposition

proceedings and judgments of both lower courts declared a nullity; case to be heard afresh before another magistrate and assessors

  • Case to be heard afresh before another Magistrate and another set of assessors
  • No order as to costs

Source and reliance status

TZHC · 5 August 1999

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 5 August 1999

19990805 TZHC Dar es Salaam

,. . IN THE HIGH COURT OF TANZANIA > AT DAR ES'SALAAM (PC) CIVIL APPEAL NO. 43 OF 1993 [From Kilosa Distrtct Court Civil Appeal No. 68\92, original Kidodi Priµ1ary Court Civil Case No. 25\92] ADNANI OMARY KIONDO ............................ APPELLANT

VERSUS KANUTE SAMATO .................................... RESPONDENT

JUDGEMENT C ·•. KALEGEYA, J. The Appellant was the Defendant before the Kidodi - Ngwira Primary Court. Before that Court the Respondent partly succeeded in his claim. He was claiming for vacant possesion of a piece of land estimated at 7.3 acres. The lower court awarded a decree for just 3.3. acres. This could not be accepted by Respondent "who belie:7ed that the whole piece·of land was his. He . .• succesfully appealed to the District Court which declared the whole area his. The Appellant was aggrieved by this new development. He is now before this court protesting the District Court verdict. ~- -2- It is very unfortunate that this matter cannot be decided on merits. The trial court's record does not have what can legally be called 'judgement of the Court" because the said court violated GN. 2\88 - The Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987. Rule 3 of the said rules, Sub-rule 2 thereof provides: "If all the members of the Court agree on one decision, the Magistrate shall proceed to record the decision or judgement of the court which shall be signed by all the members". In here, only the Magistrate signed the so called "UAMUZI". This cannot be said to be the judgement of the Court. Legally there is no judgement of the Court. As this defect goes to the roots of the matter it is an incurable irregularity. In the upshot all the proceedings, the so called judgement or UAMUZI and so are those of the District Court are hereby declared a nullity. The case to be heard afresh before another Magistrate and another set of assessors. As the defects were occasioned by the Court no order is made as to costs. L. B. Kalegeya

TIJDGE Delivered in the presence of parties. L.B. Kalegeya

TIJDGE 5\8\1999

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

GN. 2/88 - The Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987

Legislation

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