19770127 TZHC Mwanza
The use of different assessors for hearing the plaintiff and defendant constituted an incurable irregularity, rendering the proceedings in both lower courts void.
Source-derived case information.
- Citation
- 19770127 TZHC Mwanza
- Parties
- Appellant: MJTO s/o KRiGEYI; Respondent: SJRA il ING'ANG'
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 January 1977
- Procedural Posture
- Civil Appeal / Appellate
- Outcome
- appeal allowed
- Legal Topics
- Irregularity in Trial, Nullity of Proceedings, Right to Fair Hearing
- Source Language
- english
Civil Procedure Irregularity in Trial Nullity of Proceedings Right to Fair Hearing
Source-derived case record
Summary, issues, holding and outcome
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Parties
MJTO s/o KRiGEYI
Appellant
SJRA il ING'ANG'
Respondent
Procedural Posture
Civil Appeal / Appellate
Legal Issues
- 1 Whether the use of different assessors for hearing the plaintiff and defendant rendered the proceedings void
Ratio Decidendi
The use of different assessors for hearing the plaintiff and defendant constituted an incurable irregularity, rendering the proceedings in both lower courts void.
Court Disposition
appeal allowed
Orders
- proceedings in both lower courts quashed as null and void
- respondent may institute a fresh suit at no additional cost in the primary court
Full Case Text
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