19990805 TZHC Dar es Salaam
- Citation
- 19990805 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 5 August 1999
- Posture
- Civil Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 5 August 1999
- Posture
- Civil Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
AppellantKanute Samato
RespondentAmounts and remedies
- Land in Dispute (acres): 7.3
- Land Awarded by Primary Court (acres): 3.3
03
Procedural history
Posture
Civil Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the judgment of the Primary Court was valid under the Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987
- 02
Whether the proceedings and judgment of the District Court based on the Primary Court's judgment are valid
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 5 August 1999
,. . 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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