erick dominic massawe vs richard kelly another 2024 tzca 44 15 february 2024

erick dominic massawe vs richard kelly another 2024 tzca 44 15 february 2024

Failure to administer and record oaths or affirmations for witnesses before testimony is a fundamental irregularity that renders all such evidence and subsequent proceedings null and void.

Citation
erick dominic massawe vs richard kelly another 2024 tzca 44 15 february 2024
Parties
Appellant: Erick Dominic Massawe; 1st Respondent: Richard Kelly; 2nd Respondent: Mwanza City Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 February 2024
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Outcome
proceedings quashed and set aside; retrial ordered
Legal Topics
Oaths and Affirmations, Admissibility of Evidence, Land Ownership, Procedural Irregularity
Source Language
English
Civil Procedure Land Law Oaths and Affirmations Admissibility of Evidence Land Ownership Procedural Irregularity

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Parties

Erick Dominic Massawe

Appellant

Richard Kelly

1st Respondent

Mwanza City Council

2nd Respondent

Procedural Posture

Civil Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether failure to administer oaths or affirmations to witnesses before testimony vitiates the proceedings
  2. 2 Whether the judgments of the DLHT and High Court can stand where evidence was taken without oaths

Ratio Decidendi

Failure to administer and record oaths or affirmations for witnesses before testimony is a fundamental irregularity that renders all such evidence and subsequent proceedings null and void.

Court Disposition

proceedings quashed and set aside; retrial ordered

Orders

  • Evidence of all witnesses and subsequent proceedings of the DLHT from 7/6/2016, including its judgment, and the High Court proceedings and judgment in Land Appeal No. 147 of 2016 are quashed and set aside.
  • The record is remitted to the DLHT for Mwanza for a fresh hearing before another Chairman, with witnesses to be heard under oath or affirmation.