Tanzania Case Law

Land Appeal 34 of 2023 Ruling Mrisha J

Court

TANZLII

The existence of two conflicting judgments in the same matter, with differences in assessors' opinions and signatures, constitutes a gross procedural irregularity that vitiates the entire proceedings. Failure to properly record and consider assessors' opinions is a fatal omission. The only remedy is to nullify the proceedings and order a retrial before a different chairman and assessors.

Source excerpt

• Judgment irregularity
• Assessors' opinions
• Retrial
• Tribunal procedure

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CIVIL APPEAL NO

Court

TANZLII

The trial court failed to determine the material issue of whether the tractors had been sold, resulting in an incomplete and unenforceable judgment. This omission vitiated the judgment and required nullification and remittal for a fresh judgment.

Source excerpt

• Hire purchase
• Contract breach
• Judgment irregularity
• Revision powers

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20191206 TZHC Mbeya

Court

TZHC

The Tribunal failed to comply with mandatory legal requirements for assessors' opinions, rendering the proceedings and judgment a nullity and necessitating a re-trial.

Source excerpt

• Role of assessors
• Judgment irregularity
• Retrial
• Compensation rights

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mwita seba mwita vs republic 2017 tzca 376 24 may 2017

Court

TZCA

The trial court's failure to formally convict the appellant before sentencing was a fatal and incurable irregularity, rendering the sentence unlawful and necessitating the nullification of the judgment and sentence.

Source excerpt

• Manslaughter
• Conviction procedure
• Sentencing
• Judgment irregularity

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20170523 TZCA Mwanza 1

Court

TZCA

The trial court's failure to formally convict the appellant before sentencing contravened mandatory statutory provisions, rendering the judgment and sentence null and void.

Source excerpt

• Manslaughter
• Conviction procedure
• Sentencing
• Judgment irregularity

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deogratius mlowe vs republic 2015 tzca 479 27 august 2015

Court

TZCA

The trial High Court's failure to formally convict the appellant before sentencing constituted a violation of mandatory statutory requirements, rendering the sentence illegal and necessitating quashing of the judgment and remittal for a proper judgment.

Source excerpt

• Murder
• Conviction requirements
• Judgment irregularity
• Sentence legality

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deogratius mlowe vs republic 2015 tzca 198 25 august 2015

Court

TZCA

The failure by the trial High Court to formally convict the appellant before sentencing constituted a fatal irregularity, violating mandatory statutory provisions, and rendered the sentence illegal. The judgment and sentence were quashed and the matter remitted for a proper judgment.

Source excerpt

• Murder
• Conviction requirements
• Judgment irregularity
• Sentencing

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N

Court

TZHC

The High Court set aside Victor Mayunga’s conviction for obtaining goods by false pretences because the trial judgment failed to consider the defence or give reasons.

• Judgment irregularity
• Failure to consider defence
• Contents of judgment
• Criminal-law
• Judgment-irregularity
• Failure-to-consider-defence

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19751205 TZHC Arusha

Court

TZHC

The High Court quashed an indecent assault conviction after finding the trial judgment fatally irregular and unsupported by proper consideration of conflicting evidence.

• Indecent assault
• Judgment irregularity
• New trial criteria
• Indecent-assault
• Criminal-appeal
• Judgment-irregularity

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