Tanzania Case Law

mohamed hassan rehani vs national microfinance bank plc ltd and another 2023 tzhc 19668 31 july 2023

Court

TZHC

Proceedings and judgment by Hon. Lukeha, who took over the case without recording reasons as required by Order XVIII Rule 10(1) of the CPC, are a nullity. The case must be remitted for retrial before another chairperson.

Source excerpt

• Successor judge requirements
• Nullification of proceedings
• Order xviii rule 10(1) cpc
• Remittal for retrial

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leticia mwombeki vs faraja safarali others 2022 tzca 349 14 june 2022

Court

TZCA

The Court of Appeal nullified proceedings before a successor judge who failed to record reasons for taking over a partly heard land case.

• Succession of judges
• Jurisdiction
• Nullification of proceedings
• Ownership of land
• Order xviii rule 10(1) cpc
• Succession-of-judges

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national microfinance bank vs augustino wesaka gidimara ta builders paints 2016 tzca 2051 20 december 2016

Court

TZCA

The successor judge lacked jurisdiction to continue and conclude the trial in the absence of recorded reasons for the predecessor's inability to complete the trial, rendering the proceedings and judgment a nullity.

Source excerpt

• Jurisdiction of successor judge
• Nullity of proceedings
• Order xviii rule 10(1) cpc
• Revisional jurisdiction

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