19980821 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 assessors' signatures.
- Citation
- 19980821 TZHC Dar es Salaam
- Parties
- Appellant: Omary Nassoro Mbotto; Respondent: Abdalla Said Likupila
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 August 1998
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Lower court proceedings and judgments declared a nullity; hearing to start de novo before another Magistrate.
- Legal Topics
- Nullity of Judgment, Consultation With Assessors, Land Dispute
- Source Language
- English
Case Brief
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Parties
Omary Nassoro Mbotto
Appellant
Abdalla Said Likupila
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the judgment of the Primary Court was valid without assessors' 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 assessors' signatures.
Court Disposition
Lower court proceedings and judgments declared a nullity; hearing to start de novo before another Magistrate.
Orders
- Hearing to start de novo before another Magistrate.
- No filing fees to be paid afresh.
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