20070223 TZCA Mwanza

20070223 TZCA Mwanza

Proceedings conducted by a Principal Resident Magistrate with extended jurisdiction sitting in the High Court are null and void for want of jurisdiction; such irregularity must be corrected by setting aside the proceedings.

Citation
20070223 TZCA Mwanza
Parties
Applicant: Projestus Ishekanyoro; Respondent: Protace Mpera
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2007
Procedural Posture
Civil Revision / Appellate
Outcome
proceedings declared a nullity and set aside
Legal Topics
Jurisdiction, Nullity of Proceedings, Extended Jurisdiction of Magistrates
Source Language
English
Civil Procedure Appellate Practice Jurisdiction Nullity of Proceedings Extended Jurisdiction of Magistrates

Case Brief

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Parties

Projestus Ishekanyoro

Applicant

Protace Mpera

Respondent

Procedural Posture

Civil Revision / Appellate

Legal Issues

  1. 1 Whether proceedings conducted by a Principal Resident Magistrate with extended jurisdiction sitting in the High Court are valid
  2. 2 Whether the absence of an administrator for the deceased respondent's estate precludes the court from proceeding

Ratio Decidendi

Proceedings conducted by a Principal Resident Magistrate with extended jurisdiction sitting in the High Court are null and void for want of jurisdiction; such irregularity must be corrected by setting aside the proceedings.

Court Disposition

proceedings declared a nullity and set aside

Orders

  • Proceedings before Principal Resident Magistrate (Nyamasagara, Extended Jurisdiction) from 18.1.1996 to 23.2.1996 declared null and void and set aside.
  • Matter remains at the status as decided by Muleba District Court in Civil Appeal No. 67 of 1995 unless parties wish to pursue the appeal pending in the High Court.