inter consult limited vs nora kassanga another 2019 tzca 633 8 february 2019

inter consult limited vs nora kassanga another 2019 tzca 633 8 february 2019

The appeal was incompetent due to the irregular substitution of the appellant's name without a court order and the improper succession of trial judges without reasons being assigned. These procedural irregularities were fatal and not curable under the slip rule. The court exercised its revisional powers to nullify the proceedings, quash the judgment, set aside the decree, and order a retrial before a different judge.

Citation
inter consult limited vs nora kassanga another 2019 tzca 633 8 february 2019
Parties
Appellant: Inter-Consult Limited; 1st Respondent: Mrs. Nora Kassanga; 2nd Respondent: Mathew Ibrahim Kassanga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 February 2019
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Revision
Outcome
Appeal incompetent; proceedings nullified; retrial ordered
Legal Topics
Matrimonial Property, Change of Party Name, Succession of Judges, Limitation of Actions, Procedural Irregularities
Source Language
English
Civil Procedure Property Law Matrimonial Property Change of Party Name Succession of Judges Limitation of Actions Procedural Irregularities

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Parties

Inter-Consult Limited

Appellant

Mrs. Nora Kassanga

1st Respondent

Mathew Ibrahim Kassanga

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Revision

Legal Issues

  1. 1 Whether the appellant's name was properly changed in the proceedings
  2. 2 Whether there was a proper succession of trial judges

Ratio Decidendi

The appeal was incompetent due to the irregular substitution of the appellant's name without a court order and the improper succession of trial judges without reasons being assigned. These procedural irregularities were fatal and not curable under the slip rule. The court exercised its revisional powers to nullify the proceedings, quash the judgment, set aside the decree, and order a retrial before a different judge.

Court Disposition

Appeal incompetent; proceedings nullified; retrial ordered

Orders

  • Proceedings from the point of successor judge taking over are nullified
  • Judgment and decree quashed and set aside