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Tanzania decisions
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The High Court nullified land tribunal proceedings for failure to comply with mandatory ward tribunal mediation under section 13(4) of the Land Disputes Courts Act.
The High Court nullified District Court proceedings for inconsistency between judgment and decree and for misdescription of parties, leaving the Primary Court decision intact.
The High Court set aside probate proceedings because the appellants were denied the chance to adduce evidence in a revocation application, making the closure a nullity.
The appellate tribunal's omission to properly involve assessors in hearing and determination of the appeal, including failure to record or read their written opinions, constitutes a fatal procedural error that vitiates the proceedings and judgment, necessitating nullification and retrial.
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The High Court held that the Primary Court lacked jurisdiction to determine a dispute dependent on electronic evidence, nullified the proceedings, and set aside the lower orders.
The High Court nullified District Court appeal proceedings for failure to join a necessary party, set aside the judgment, and left the Primary Court decision in force.
The trial court lacked jurisdiction to try the appellant for an economic offence as no DPP's consent or certificate was filed or admitted in the record; thus, the proceedings, conviction, and sentence are nullities and must be quashed.
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The General Court Martial lacked jurisdiction to try the appellant for an offence under the National Security Act, 1970 without the mandatory written consent of the Director of Public Prosecutions. The proceedings and resultant judgment were null and void and must be set aside. In the interests of justice, a retrial (trial de novo) is ordered.
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Failure to comply with the tribunal's order to amend pleadings is fatal and vitiates subsequent proceedings, as the original pleadings cease to exist upon such order, rendering all subsequent actions a nullity.
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The trial tribunal's proceedings and judgment were nullified due to non-joinder of the seller as a necessary party, and the respondent could not be declared owner without a counterclaim.
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