19980917 TZHC Dar es Salaam

19980917 TZHC Dar es Salaam

The failure of the trial magistrate to have all court members sign the judgment rendered the proceedings incurably defective and invalid.

Citation
19980917 TZHC Dar es Salaam
Parties
Appellant: Kassim Mohamed Mksto; Respondent: Dhawelba Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 1998
Procedural Posture
Civil Appeal / Judgment
Outcome
proceedings quashed
Legal Topics
Judgment Validity, Court Procedure, Primary Court Rules
Source Language
English
Civil Procedure Judgment Validity Court Procedure Primary Court Rules

Case Brief

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Parties

Kassim Mohamed Mksto

Appellant

Dhawelba Abdallah

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the judgment of the trial primary court was valid in the absence of signatures of all court members as required by law

Ratio Decidendi

The failure of the trial magistrate to have all court members sign the judgment rendered the proceedings incurably defective and invalid.

Court Disposition

proceedings quashed

Orders

  • Proceedings before the two lower courts are quashed.
  • If the plaintiff wishes, the suit may be heard afresh by another magistrate and two other members of the court.