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The High Court allowed a civil revision, holding that the applicant was condemned unheard in district court proceedings that nullified an auction sale.
The High Court allowed a land appeal after finding fatal procedural irregularities in the tribunal record, nullifying the proceedings and ordering a retrial.
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.
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The High Court nullified a land tribunal’s proceedings for defective record-keeping and lack of continuous interpretation, and ordered a fresh retrial before a new chairman.
The High Court allowed a land appeal after finding the appellant had been denied a hearing before the tribunal, making the tribunal proceedings and orders a nullity.
The High Court held that Biharamulo District Court lacked territorial jurisdiction over offences committed in Chato District, quashed the conviction, and ordered a fresh trial in Chato District Court.
The High Court set aside a land tribunal decision after finding that a successor chairperson took over partly heard proceedings without recording reasons, contrary to procedure.
The absence of necessary parties, specifically land authorities and the Attorney General, in a dispute over registered land renders the proceedings, judgment, and decree of the District Land and Housing Tribunal a nullity, necessitating fresh proceedings before the competent court with all necessary parties joined.
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The High Court nullified the proceedings of both lower courts after finding the trial court’s decision and order were contradictory and fatally irregular.
The trial Tribunal erred by closing the appellant's case and denying her the right to be heard despite notification of sickness, which constitutes a good cause for absence. This denial violated the principles of natural justice and Article 13(6)(a) of the Constitution, rendering the proceedings, judgment, and orders from 24/6/2024 to 12/07/2024 null and void.
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