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Tanzania Case Law

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Civil procedure joseph wasonga otieno vs assumpter nshunju mshama 2017 tzca 179 19 october 2017

joseph wasonga otieno vs assumpter nshunju mshama 2017 tzca 179 19 october 2017

Court
TZCA

Failure by the successor judge to record reasons for taking over the trial from the predecessor judge is a material irregularity under Order XVIII rule 10(1) of the Civil Procedure Code, rendering the proceedings, judgment, and decree a nullity and necessitating a retrial before a competent judge.

Source excerpt

  • Successor judge proceedings
  • Order xviii rule 10 cpc
  • Retrial
  • Judicial irregularity
  • Commercial loan dispute
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Civil procedure 20171019 TZCA Dar es salaam

20171019 TZCA Dar es salaam

Court
TZCA

Failure by the successor judge to record reasons for taking over the trial from the predecessor judge, as required by Order XVIII rule 10(1) of the Civil Procedure Code, rendered the proceedings irregular and highly prejudicial, necessitating the quashing of the proceedings, judgment, and decree, and ordering a fresh trial before another judge.

Source excerpt

  • Trial by multiple judges
  • Order xviii rule 10 cpc
  • Retrial
  • Judicial irregularity
  • Commercial loan dispute
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.