19810821 TZHC Musoma

19810821 TZHC Musoma

The trial court failed to record assessors' opinion and did not properly investigate the appellant's case, rendering the proceedings unacceptable.

Citation
19810821 TZHC Musoma
Parties
Appellant: Machiuna Mathe; Respondent: Mugori Masese
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 1981
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Damages, Enticing Spouse, Trial Procedure, Assessors' Opinion
Source Language
English

Case Brief

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Parties

Machiuna Mathe

Appellant

Mugori Masese

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the trial court followed proper procedure regarding assessors' opinion
  2. 2 Whether the appellant's case was properly investigated

Ratio Decidendi

The trial court failed to record assessors' opinion and did not properly investigate the appellant's case, rendering the proceedings unacceptable.

Court Disposition

appeal allowed

Orders

  • trial court proceedings quashed
  • case to be retried afresh