20160725 TZCA Arusha

20160725 TZCA Arusha

All proceedings conducted by the successor judge, Mugasha, J., from 17/3/2014 including the judgment and decree, are a nullity because no reasons were recorded for the judicial succession as required by Order XVIII Rule 10 CPC. The successor judge lacked jurisdiction to proceed.

Citation
20160725 TZCA Arusha
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
25 July 2016
Procedural Posture
Civil Appeal / Judgment on Procedural Issue
Outcome
appeal allowed
Legal Topics
Judicial Succession, Nullity of Proceedings, Order XVIII Rule 10 CPC, Trial by Successor Judge
Source Language
English
Civil Procedure Judicial Succession Nullity of Proceedings Order XVIII Rule 10 CPC Trial by Successor Judge

Case Brief

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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. 1 Whether proceedings conducted by a successor judge without recording reasons for takeover are valid under Order XVIII Rule 10 of the Civil Procedure Code

Ratio Decidendi

All proceedings conducted by the successor judge, Mugasha, J., from 17/3/2014 including the judgment and decree, are a nullity because no reasons were recorded for the judicial succession as required by Order XVIII Rule 10 CPC. The successor judge lacked jurisdiction to proceed.

Court Disposition

appeal allowed

Orders

  • All proceedings conducted by Mugasha, J. from 17/3/2014 including the judgment and decree are quashed and set aside as a nullity.
  • The matter is remitted to the High Court for continuation of the trial in accordance with the law, preferably by the original judge unless there is good cause otherwise.