19931101 TZCA Dodoma

19931101 TZCA Dodoma

Both trial and High Courts failed to determine the dispute between the parties, awarding judgment to a non-party and entertaining a non-existent appeal. The proper course is to set aside the judgments and order a retrial before another magistrate.

Citation
19931101 TZCA Dodoma
Parties
Appellant: Michael Losina; Respondent: Marcel Losina
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 November 1993
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Judgments and awards of trial and High Courts set aside; retrial ordered before another magistrate.
Legal Topics
Ownership Dispute, Counterclaim, Retrial, Judgment for Non Party
Source Language
English
Civil Procedure Property Law Ownership Dispute Counterclaim Retrial Judgment for Non Party

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Losina

Appellant

Marcel Losina

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the farm and house at Miyuji Village Dodoma belonged to the plaintiff or defendant
  2. 2 Whether the defendant was manager of the said farm
  3. 3 Entitlement to reliefs by the parties

Ratio Decidendi

Both trial and High Courts failed to determine the dispute between the parties, awarding judgment to a non-party and entertaining a non-existent appeal. The proper course is to set aside the judgments and order a retrial before another magistrate.

Court Disposition

Judgments and awards of trial and High Courts set aside; retrial ordered before another magistrate.

Orders

  • Record to be remitted to the trial Court via the High Court for retrial before another magistrate.
  • Costs to abide the results of the retrial.