magreth haward lyimo vs eliud jacob bailemba 2021 tzhc 9242 14 december 2021

Failure to administer oaths or affirmations to witnesses is a fatal procedural defect under section 4(a) of the Oaths and Statutory Declarations Act, vitiating the proceedings and requiring nullification and retrial.

Citation: magreth haward lyimo vs eliud jacob bailemba 2021 tzhc 9242 14 december 2021
Parties: Appellant: Margreth Haward Lyimo; Respondent: Eliud Jacob Bailemba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2021
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Matrimonial Proceedings, Division of Matrimonial Assets, Child Custody, Maintenance, Procedural Compliance, Oaths and Affirmations
Source Language: English

Family Law Civil Procedure Matrimonial Proceedings Division of Matrimonial Assets Child Custody Maintenance Procedural Compliance Oaths and Affirmations

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Margreth Haward Lyimo

Appellant

Eliud Jacob Bailemba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the trial court erred by relying on unsworn witness evidence
2 Whether failure to administer oaths vitiates proceedings
3 Whether overriding objective can cure procedural defects in witness testimony

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Trial de novo ordered; case remitted to trial court for retrial before another Magistrate with competent jurisdiction.
No order as to costs.