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Tanzania decisions
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The first appellate court's failure to consider or assign reasons for not considering the grounds of appeal is a fatal procedural error, warranting nullification of its proceedings and judgment.
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The trial Tribunal erred by closing the appellant's case and denying her the right to be heard despite notification of sickness, which constitutes a good cause for absence. This denial violated the principles of natural justice and Article 13(6)(a) of the Constitution, rendering the proceedings, judgment, and orders from 24/6/2024 to 12/07/2024 null and void.
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The High Court nullified a CMA labour award after finding that several witnesses testified without oath or affirmation, making the proceedings a nullity.
The Court of Appeal nullified a first appellate criminal proceeding after the judgment could not be traced, and remitted the appeal for a fresh hearing.
The absence of evidence that the applicants were notified of the date of delivery of the ex-parte ruling rendered the decision of the District Land and Housing Tribunal invalid, as required by Order XX Rule 1 of the Civil Procedure Code. Consequently, there was no valid decision capable of being referenced, necessitating the quashing of the proceedings and remittal for rehearing.
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Failure to administer oath or affirmation to witnesses at the CMA is a fatal procedural irregularity that vitiates the entire proceedings and award, necessitating a rehearing before a different arbitrator.
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The CMA's decision was based on extraneous matters and lacked evidentiary support for the contract terms and salary; the absence of proper evidence precluded a just determination of the parties' rights, warranting a rehearing.
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The High Court's failure to address all grounds of appeal constituted a fatal irregularity, denying the appellant the right to be heard and rendering the judgment a nullity, necessitating remittal for rehearing before another judge.
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The High Court quashed a trial court judgment entered after the defence failed to appear once, holding that a single absence did not prove abandonment and remitted the case for hearing.
The applicant was denied the right to be heard when the CMA closed its case prematurely, which is a fundamental procedural irregularity rendering the proceedings and award from that point a nullity.
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