ms georges center limited vs the honourable attorney general another 2016 tzca 629 28 july 2016

All proceedings conducted by Mugasha J. from 17/3/2014, including judgment and decree, are a nullity due to lack of recorded reasons for judicial succession; matter remitted for continuation in accordance with law.

Citation: ms georges center limited vs the honourable attorney general another 2016 tzca 629 28 july 2016
Parties: Appellant: M/S Georges Centre Limited; 1st Respondent: The Honourable Attorney General; 2nd Respondent: M/S Tanzania National Road Agency
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 July 2016
Procedural Posture: Civil Appeal / Judgment on Procedural Issue
Outcome: proceedings quashed and set aside; matter remitted to High Court for continuation
Legal Topics: Judicial Succession, Nullity of Proceedings, Trial Procedure, Credibility Assessment
Source Language: English

Civil Procedure Land Law Judicial Succession Nullity of Proceedings Trial Procedure Credibility Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2

Parties

M/S Georges Centre Limited

Appellant

The Honourable Attorney General

1st Respondent

M/S Tanzania National Road Agency

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Procedural Issue

Legal Issues

1 Whether the successor judge had jurisdiction to continue a partly-heard trial without recording reasons for takeover
2 Implications of failure to record reasons for judicial succession under Order XVIII rule 10 CPC

Ratio Decidendi

Court Disposition

proceedings quashed and set aside; matter remitted to High Court for continuation

Orders

All proceedings by Mugasha J. from 17/3/2014 including judgment and decree quashed and set aside.
Matter remitted to High Court for continuation of trial in accordance with law.