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Tanzania decisions
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The High Court allowed an appeal after finding the trial court failed to properly frame and adopt issues before hearing, vitiating the proceedings.
The appellant authorized the 1st respondent to sell the land as evidenced by Exhibit DI, which was properly admitted and not challenged at trial. The tribunal framed proper issues, and the reliefs granted were properly pleaded. The tribunal analyzed the evidence and gave both parties a fair hearing. The grounds of appeal lack merit and the appeal is dismissed.
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Failure to frame issues at the first hearing and to allow parties to address issues raised suo motu by the tribunal denied the parties a fair trial, rendering the proceedings and ruling a nullity.
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The High Court certified two points of law for the Court of Appeal in a probate-related dispute over a will, disputed land ownership, and the applicant’s standing.
The trial court's failure to administer oath to the appellant before taking her testimony and failure to frame issues before trial were fatal procedural errors that vitiated the entire proceedings, judgment, and orders, necessitating a retrial before another magistrate.
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The High Court quashed a CMA award because the arbitrator framed and determined issues outside the dispute pleaded in the applicants’ CMA filing.
The Court of Appeal set aside a High Court judgment after finding the trial judge decided a new issue without hearing the parties on it.
The respondent proved his claim to the required standards; payment was for rice cargo as negotiated, not for previous debt. The trial and appellate courts correctly found for the respondent. Grounds of appeal regarding party joinder, proof, framing of issues, and evidence analysis are meritless and dismissed.
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The High Court allowed a civil appeal, quashed the trial judgment, and remitted the case for determination of all framed issues after finding a fair-hearing error.
The High Court allowed an appeal, holding that the trial court improperly framed issues and misjoined malicious damages and defamation claims.
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