20180529 TZHC Dar es Salaam

20180529 TZHC Dar es Salaam

The trial magistrate failed to comply with the High Court's directive by omitting and altering agreed issues in the recomposed judgment, resulting in a judgment not in accordance with law and necessitating nullification of the proceedings and judgment.

Citation
20180529 TZHC Dar es Salaam
Parties
Appellant: Umoja Audio Visual (E.A) Ltd; Respondent: Michael E. Mrema t/a Hamak Drama Group
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Breach of Contract, Copyright Infringement, Judicial Compliance With Appellate Orders, Nullification of Proceedings
Source Language
English
Civil Procedure Contract Law Intellectual Property Breach of Contract Copyright Infringement Judicial Compliance With Appellate Orders Nullification of Proceedings

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Parties

Umoja Audio Visual (E.A) Ltd

Appellant

Michael E. Mrema t/a Hamak Drama Group

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate complied with the High Court's order to compose a fresh judgment according to law
  2. 2 Whether the trial magistrate improperly revised her own decision
  3. 3 Whether the judgment was fatally defective for failing to address all agreed issues

Ratio Decidendi

The trial magistrate failed to comply with the High Court's directive by omitting and altering agreed issues in the recomposed judgment, resulting in a judgment not in accordance with law and necessitating nullification of the proceedings and judgment.

Court Disposition

appeal allowed in part

Orders

  • Proceedings and judgment of the trial court are nullified.
  • A fresh trial is ordered before a different magistrate of competent jurisdiction.