19950718 TZHC Dar es Salaam

19950718 TZHC Dar es Salaam

Non-compliance with the requirement that the magistrate who heard the evidence must write and deliver the judgment vitiates the entire proceedings; such error cannot be cured by Section 96 of the Civil Procedure Code.

Citation
19950718 TZHC Dar es Salaam
Parties
Appellant: Issa Abdulrahmani; Respondent: Ali Said Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1995
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Judgment Delivery, Reassignment of Magistrate, Procedural Irregularity
Source Language
English
Civil Procedure Judgment Delivery Reassignment of Magistrate Procedural Irregularity

Case Brief

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Parties

Issa Abdulrahmani

Appellant

Ali Said Hussein

Respondent

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether a magistrate who did not hear the evidence can lawfully write and deliver judgment
  2. 2 Whether procedural irregularity vitiated the proceedings

Ratio Decidendi

Non-compliance with the requirement that the magistrate who heard the evidence must write and deliver the judgment vitiates the entire proceedings; such error cannot be cured by Section 96 of the Civil Procedure Code.

Court Disposition

Appeal allowed

Orders

  • Judgment and orders of the lower court set aside
  • Case to be heard de novo by a different magistrate other than Mr. Kiwango or Mr. Ruhangisa