john sarya machage vs sido mara and 2 others 2021 tzhc 7408 26 november 2021
The omission by the trial chairman to sign after recording witness evidence is an incurable irregularity that renders the proceedings a nullity, requiring nullification and rehearing.
- Citation
- john sarya machage vs sido mara and 2 others 2021 tzhc 7408 26 november 2021
- Parties
- Appellant: John Sarya Machage; 1st Respondent: SIDO Mara; 2nd Respondent: Subia Court Broker; 3rd Respondent: Justine Kilawe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 2021
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- proceedings nullified, judgment and decree set aside, case remitted for rehearing
- Legal Topics
- Recording of Evidence, Authenticity of Proceedings, Irregularity in Trial, Nullification of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Sarya Machage
Appellant
SIDO Mara
1st Respondent
Subia Court Broker
2nd Respondent
Justine Kilawe
3rd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether failure of the trial chairman to append signature after recording evidence vitiated the proceedings
Ratio Decidendi
The omission by the trial chairman to sign after recording witness evidence is an incurable irregularity that renders the proceedings a nullity, requiring nullification and rehearing.
Court Disposition
proceedings nullified, judgment and decree set aside, case remitted for rehearing
Orders
- Proceedings of the trial tribunal from the evidence stage quashed and set aside.
- Judgment and decree of the trial tribunal set aside.
Full Case Text
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