aliki falanga vs the registered tustees of st elizabeth sisters another 2023 tzca 17562 30 august 2023

aliki falanga vs the registered tustees of st elizabeth sisters another 2023 tzca 17562 30 august 2023

Material evidence missing from both the record of appeal and original record renders the proceedings and judgment of the trial court a nullity, requiring nullification and retrial.

Citation
aliki falanga vs the registered tustees of st elizabeth sisters another 2023 tzca 17562 30 august 2023
Parties
Applicant: Aliki Falanga; 1st Respondent: The Registered Trustees of St. Elizabeth Sisters; 2nd Respondent: The Registered Trustees of the Conventual Franciscan Frairs (O.F.M. Conv.) Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 August 2023
Procedural Posture
Civil Appeal / Appellate Ruling
Outcome
trial court proceedings, judgment, and decree nullified; case remitted for retrial
Legal Topics
Missing Evidence, Nullification of Proceedings, Retrial, Appellate Jurisdiction
Source Language
English
Land Law Civil Procedure Missing Evidence Nullification of Proceedings Retrial Appellate Jurisdiction

Case Brief

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Parties

Aliki Falanga

Applicant

The Registered Trustees of St. Elizabeth Sisters

1st Respondent

The Registered Trustees of the Conventual Franciscan Frairs (O.F.M. Conv.) Tanzania

2nd Respondent

Procedural Posture

Civil Appeal / Appellate Ruling

Legal Issues

  1. 1 Whether the missing evidence of DW2 renders the proceedings and judgment of the trial court incompetent
  2. 2 Appropriate remedy for missing evidence in both the record of appeal and original record

Ratio Decidendi

Material evidence missing from both the record of appeal and original record renders the proceedings and judgment of the trial court a nullity, requiring nullification and retrial.

Court Disposition

trial court proceedings, judgment, and decree nullified; case remitted for retrial

Orders

  • Case remitted to High Court for retrial from stage after failure of mediation
  • Retrial to be conducted by another judge