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Tanzania decisions
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The High Court partly allowed the land appeal, quashed the tribunal’s decision, and ordered a retrial de novo because of interpreter and land-identification defects.
The High Court partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
The failure by the trial magistrate to administer an oath or affirmation to the respondent’s witnesses before they gave oral evidence during cross-examination constituted a fatal procedural irregularity, rendering the trial court proceedings, judgment, and decree invalid. The proper remedy is to nullify the proceedings from the point of irregularity and order a retrial before another magistrate.
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The Trial Court committed procedural irregularity by bifurcating and separately determining the jurisdictional issue after previously ruling, and being affirmed on appeal, that the issue was of mixed law and fact requiring full hearing. The Appellant was denied a fair hearing due to lack of adequate notice and opportunity to present evidence, contrary to the rule of law and fair trial principles under the Treaty.
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The High Court dismissed a civil appeal over alleged unauthorized use of a photograph in commercial advertising, holding the appellant failed to prove the claim.
The High Court nullified a land tribunal’s proceedings for defective record-keeping and lack of continuous interpretation, and ordered a fresh retrial before a new chairman.
The first appellate court's failure to afford parties the right to be heard on an issue it raised suo moto was a fundamental breach of natural justice, rendering its decision and orders a nullity and requiring quashing and remittal for proper hearing.
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The successor chairperson failed to record and communicate reasons for taking over the hearing as required by Rule 15 of the Civil Procedure Code (Amendment of the first schedule rules 2021), rendering the proceedings, judgment, and decree from 17 July 2024 onwards a nullity. The procedural irregularity is incurable and vitiates the trial.
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The applicant demonstrated sufficient cause for extension of time due to procedural illegality and lack of jurisdiction by the tribunal over estate property, warranting grant of extension to file revision.
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Absence of proper certification from the Ward Tribunal on failed mediation rendered the proceedings before the District Land and Housing Tribunal incompetent; only the Ward Tribunal can certify mediation, not the Ward Executive Officer.
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