20100210 TZHC Tanga

In the absence of the trial court record, the entire proceedings in the District and Primary Courts are nullified as there is no legal basis to sustain them.

Citation: 20100210 TZHC Tanga
Parties: Applicant: Issa Sekemi; Respondent: Andrew Salimu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 February 2010
Procedural Posture: Civil Revision / Ruling
Outcome: Proceedings nullified
Legal Topics: Revision, Missing Court Record, Extension of Time, Nullification of Proceedings
Source Language: English

Civil Procedure Revision Missing Court Record Extension of Time Nullification of Proceedings

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Parties

Issa Sekemi

Applicant

Andrew Salimu

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

1 Whether the proceedings in the District and Primary Courts can stand in the absence of the trial court record
2 Whether the applicant suffered injustice due to the delay and missing record

Ratio Decidendi

In the absence of the trial court record, the entire proceedings in the District and Primary Courts are nullified as there is no legal basis to sustain them.

Court Disposition

Proceedings nullified

Orders

Entire proceedings in District and Primary Courts nullified
Attached property to be released