boneventure benedict v fatuma zuberi juma 2023 tzhc 22411 6 november 2023
Failure by the trial Chairman to append his signature after recording witness evidence contravenes Order XVIII Rule 5 of the Civil Procedure Code and is a fatal irregularity that nullifies the proceedings from the point of non-compliance.
- Citation
- boneventure benedict v fatuma zuberi juma 2023 tzhc 22411 6 november 2023
- Parties
- Appellant: Boneventure Benedict; Respondent: Fatuma Zuberi Juma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 November 2023
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Nullification of Proceedings, Signature Requirement on Witness Evidence, De Novo Trial
- Source Language
- English
Case Brief
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Parties
Boneventure Benedict
Appellant
Fatuma Zuberi Juma
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether failure of the trial Chairman to append signature after recording witness evidence vitiates the proceedings
Ratio Decidendi
Failure by the trial Chairman to append his signature after recording witness evidence contravenes Order XVIII Rule 5 of the Civil Procedure Code and is a fatal irregularity that nullifies the proceedings from the point of non-compliance.
Court Disposition
appeal allowed
Orders
- Proceedings of the trial tribunal from 14/7/2021 nullified
- Decree and judgment quashed
Full Case Text
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