20090317 TZHC Dodoma

20090317 TZHC Dodoma

The proceedings of the trial tribunal reflected the applicant's complaint of judicial bias, and since the respondent did not dispute this, the court found no reason to hold otherwise and ordered a new chairperson to preside over the application.

Citation
20090317 TZHC Dodoma
Parties
Applicant: Hon. Pascal Begera; Respondent: Patrick Woolfrey
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 2009
Procedural Posture
Land Case Revision / Ruling on Application for Revision
Outcome
Application granted
Legal Topics
Judicial Bias, Right to Fair Hearing, Tribunal Procedure
Source Language
English
Land Law Civil Procedure Judicial Bias Right to Fair Hearing Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Hon. Pascal Begera

Applicant

Patrick Woolfrey

Respondent

Procedural Posture

Land Case Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the trial chairman exhibited judicial bias against the applicant
  2. 2 Whether the applicant was denied the right to call witnesses and be represented

Ratio Decidendi

The proceedings of the trial tribunal reflected the applicant's complaint of judicial bias, and since the respondent did not dispute this, the court found no reason to hold otherwise and ordered a new chairperson to preside over the application.

Court Disposition

Application granted

Orders

  • Application No. 116/2005 to be presided over by a chairperson other than G.B. Mwaipaja
  • Parties may request change of tribunal members if necessary