Tanzania Case Law

SEMBO WILLIAM SHIJA

Court

TANZLII

The trial tribunal failed to adhere to the established procedure for visiting the locus in quo, rendering the proceedings from the date of the visit to the date of judgment a nullity. The appropriate remedy is to nullify those proceedings, set aside the judgment and decree, and remit the matter for retrial before another chairman and assessors, with the option to visit the locus in quo in accordance with the law.

Source excerpt

• Locus in quo procedure
• Nullification of proceedings
• Remittal for retrial

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SUDY MOHAMED

Court

TANZLII

The chairman's failure to append his signature after recording the evidence of key witnesses, including the applicant, is a fatal irregularity that vitiates the proceedings. Expunging such evidence prejudices the trial, necessitating nullification of the proceedings and a retrial.

Source excerpt

• Signature requirement on witness evidence
• Nullification of proceedings for procedural irregularity
• Remittal for retrial

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LORINA MUNA

Court

TANZLII

Failure by the tribunal chairman to append his signature after recording each witness's evidence is a fatal irregularity that vitiates the entire proceedings, requiring nullification and retrial.

Source excerpt

• Signature requirement on witness testimony
• Nullification of proceedings for procedural irregularity
• Remittal for retrial

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jumanne zengo new new

Court

TANZLII

The High Court nullified a district land tribunal judgment for fatal procedural irregularities, including improper recording of evidence and irregular changes of assessors, and ordered a retrial.

• Recording of evidence
• Role of assessors
• Procedural irregularities
• Remittal for retrial
• Land-law
• Civil-procedure

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novart magembe v theofilo bwakea 2024 tzhc 493 23 february 2024

Court

TZHC

The trial tribunal failed to exercise its discretion to visit the locus in quo despite conflicting evidence regarding boundaries and ownership, necessitating nullification of proceedings and remittal for proper determination.

Source excerpt

• Ownership dispute
• Boundary determination
• Locus in quo
• Remittal for retrial

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JOINT VENTURE OF ARAB CONSTRACTORS ELSEWEDY ELECTRIC V

Court

TANZLII

The CMA proceedings and award are nullified because all documentary exhibits were not properly tendered and admitted, violating mandatory procedural requirements and resulting in a miscarriage of justice.

Source excerpt

• Unfair termination
• Admission of evidence
• Procedure before cma
• Remittal for retrial

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joseph yona scanned

Court

TANZLII

The respondent was condemned unheard due to insufficient proof of service; the first appellate court was justified in quashing the trial court's decision, but erred by determining evidentiary issues instead of remitting the matter for retrial.

Source excerpt

• Right to be heard
• Natural justice
• Ex parte proceedings
• Remittal for retrial

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ahmed salum mfaulme vs getrude vendeline kisima 2023 tzhclandd 17067 31 october 2023

Court

TANZLII

The trial tribunal's failure to record and consider the assessors' opinions in the presence of the parties, and the admission of evidence from a witness who was not sworn, constituted serious procedural irregularities that vitiated the proceedings and judgment.

Source excerpt

• Trespass to land
• Role of assessors
• Oath of witnesses
• Procedural irregularity
• Remittal for retrial

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shija ndali matongo vs republic 2023 tzca 17744 6 october 2023

Court

TZCA

The Court of Appeal set aside the lower court decisions after finding the appellant was denied a fair hearing when the trial proceeded improperly in his absence.

• Right to fair hearing
• Trial in absentia
• Exercise of judicial discretion
• Remittal for retrial
• Fair-hearing
• Trial-in-absentia

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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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