mbotto vs likupila 1998 tzhc 10 21 august 1998

The absence of assessors' signatures on the Primary Court's judgment rendered the proceedings and judgment a nullity.

Citation: mbotto vs likupila 1998 tzhc 10 21 august 1998
Parties: Appellant: Omari Nassoro Mbotto; Respondent: Abdalla Said Likupila
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 August 1998
Procedural Posture: Civil Appeal / Second Appeal
Outcome: proceedings and judgments of lower courts declared a nullity; hearing to start de novo before another magistrate
Legal Topics: Nullity of Judgment, Procedure in Primary Courts, Role of Assessors
Source Language: English

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Omari Nassoro Mbotto

Appellant

Abdalla Said Likupila

Respondent

Civil Appeal / Second Appeal

1 Whether the judgment of the Primary Court was valid in absence of assessors' signatures as required by law

The absence of assessors' signatures on the Primary Court's judgment rendered the proceedings and judgment a nullity.

proceedings and judgments of lower courts declared a nullity; hearing to start de novo before another magistrate