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Tanzania decisions
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The High Court set aside land tribunal proceedings after finding the Kisongo Ward Tribunal lacked pecuniary jurisdiction because the dispute value exceeded the statutory limit.
The High Court quashed a land tribunal judgment after finding the tribunal irregularly sat with only one assessor without recording reasons in the proceedings.
The High Court quashed a land tribunal decision after finding that failure to receive key documents breached the parties’ right to be heard and vitiated the proceedings.
The absence of a formal complaint document commencing proceedings in the ward tribunal is an incurable defect that renders all subsequent proceedings, orders, and decisions of the ward tribunal and the District Land and Housing Tribunal null and void.
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Failure by the chairman to require assessors to give their opinions in writing and to read those opinions to the parties before judgment is a fatal procedural irregularity that vitiates the proceedings and renders the trial a nullity.
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The High Court quashed criminal appeal proceedings for lack of endorsed DPP consent and certificate, and ordered a retrial.
The Court of Appeal quashed a rape conviction after finding the charge sheet incurably defective for citing non-existent provisions and omitting key particulars.
The High Court dismissed a second appeal in a land dispute, upholding the quashing of Ward Tribunal proceedings for want of pecuniary jurisdiction.
The appellant lacked locus standi as he failed to produce evidence of appointment as administrator of the estate; thus, the application was incompetent and the proceedings and judgment on merits were quashed.
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The Court of Appeal held that the subordinate court lacked jurisdiction to try combined economic and non-economic offences without proper DPP authorization.
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