NA TZHC Dar es Salaam

NA TZHC Dar es Salaam

The judgment of the Primary Court was a nullity due to failure to comply with GN No. 2 of 1988, Rule 3, requiring assessor signatures.

Citation
NA TZHC Dar es Salaam
Parties
Appellant: Omary Nassoro Mbotto; Respondent: Abdalla Said Likupila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1988
Procedural Posture
Civil Appeal / Judgment
Outcome
Lower court proceedings and judgments declared nullity; hearing to start de novo before another magistrate.
Legal Topics
Nullity of Judgment, Procedural Irregularity, Land Dispute
Source Language
English
Civil Procedure Nullity of Judgment Procedural Irregularity Land Dispute

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Parties

Omary Nassoro Mbotto

Appellant

Abdalla Said Likupila

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the judgment of the Primary Court was valid without assessor signatures as required by GN No. 2 of 1988, Rule 3

Ratio Decidendi

The judgment of the Primary Court was a nullity due to failure to comply with GN No. 2 of 1988, Rule 3, requiring assessor signatures.

Court Disposition

Lower court proceedings and judgments declared nullity; hearing to start de novo before another magistrate.

Orders

  • Hearing to start de novo before another magistrate.
  • No fresh filing fees to be paid.