selestine ernest v augustine petro 2023 tzhc 21946 20 october 2023

selestine ernest v augustine petro 2023 tzhc 21946 20 october 2023

Where the original record of the trial tribunal is missing, reconstruction is not feasible, and the tribunal is no longer functioning or lacks jurisdiction, the proper course is to nullify the proceedings, quash judgments, and set aside orders and decrees of both the trial tribunal and the appellate tribunal.

Citation
selestine ernest v augustine petro 2023 tzhc 21946 20 october 2023
Parties
Appellant: Selestine Ernest; Respondent: Augustine Petro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2023
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal, Judgment
Outcome
proceedings nullified, judgments quashed, orders and decrees set aside
Legal Topics
Missing Court Record, Nullification of Proceedings, Revisional Jurisdiction, Ward Tribunal Jurisdiction, Retrial Feasibility
Source Language
English
Land Law Civil Procedure Missing Court Record Nullification of Proceedings Revisional Jurisdiction Ward Tribunal Jurisdiction Retrial Feasibility

Case Brief

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Parties

Selestine Ernest

Appellant

Augustine Petro

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether the appeal can be determined in absence of the original trial tribunal record
  2. 2 Appropriate remedy when lower court record is missing and reconstruction is not feasible

Ratio Decidendi

Where the original record of the trial tribunal is missing, reconstruction is not feasible, and the tribunal is no longer functioning or lacks jurisdiction, the proper course is to nullify the proceedings, quash judgments, and set aside orders and decrees of both the trial tribunal and the appellate tribunal.

Court Disposition

proceedings nullified, judgments quashed, orders and decrees set aside

Orders

  • Proceedings of trial tribunal and DLHT nullified
  • Judgments of trial tribunal and DLHT quashed