Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The absence of the Chairman's signature after recording each witness's evidence is an incurable irregularity that renders the proceedings, judgment, and decree of the trial tribunal invalid and necessitates a retrial.
Source excerpt
Where an arbitrator adopts a model of authenticating witness testimony by appending signature, failure to apply this model equally to all witnesses, particularly by omitting to sign the testimony of one party's sole witness, raises questions of authenticity and correctness, and in the circumstances of this case, constitutes a fatal irregularity that vitiates the proceedings and occasions a miscarriage of justice.
Source excerpt
The Court of Appeal dismissed a land ownership appeal, upholding the respondent’s earlier sale agreement and finding the appellant’s purchase evidence unreliable.
The omission by the trial chairperson to append his signature after recording the evidence of witnesses is an incurable irregularity, rendering the proceedings, judgment, and decree a nullity from the date the omission began.
Source excerpt
The High Court held that failure by the tribunal chairperson to sign after each witness testimony vitiated the proceedings and ordered a de-novo hearing.
Failure to administer oath to witnesses and failure by arbitrator to sign each witness's evidence are fatal procedural irregularities that vitiate the proceedings before the CMA and the High Court; both must be quashed and the dispute reheard afresh.
Source excerpt
Failure by the trial Tribunal's Chairman to append signature to witness testimonies is an incurable irregularity that vitiates the authenticity of evidence and renders the proceedings and resultant judgment a nullity, requiring nullification and retrial.
Source excerpt
The appellant failed to prove the existence of a subsisting marriage at the time of the mortgage and failed to prove that the suit property was a matrimonial home. The marriage certificate was found unreliable and tainted with doubt. The mortgagee conducted sufficient due diligence. Therefore, the mortgage was valid and the appeal lacked merit.
Source excerpt
Failure by the chairman to append his signature at the end of the testimony of each witness is a fatal irregularity that vitiates the proceedings and cannot be cured by section 45 of the Land Disputes Courts Act; the proceedings and judgment are nullified and remitted for retrial.
Source excerpt
Explore more
