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Tanzania decisions
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The High Court quashed Tanzanian land tribunal proceedings after finding two defence witnesses testified without being sworn, and ordered the evidence reheard.
Failure to administer an oath to a witness before testimony is a fatal procedural error that vitiates the entire proceedings, judgment, and decree, necessitating a retrial.
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Failure to administer oath or affirmation to all witnesses before testifying at the CMA was a fatal procedural irregularity, vitiating the proceedings and resultant award. The law mandates evidence be given under oath; omission prejudices parties and renders proceedings a nullity.
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The Court of Appeal held that failure to administer oath to witnesses before testimony vitiated the tribunal proceedings and the High Court decision.
The High Court set aside a CMA award after finding witness evidence had been recorded without oath, a mandatory defect that vitiated the proceedings.
The proceedings before the trial court and first appellate court are null and void due to failure to administer oaths to witnesses, which is a mandatory requirement under Rule 46(2) of the Magistrates' Courts (Civil Procedure in Primary Courts) Rules and Section 4(a) of the Oaths and Statutory Declarations Act. The trial court had jurisdiction as the respondent was not a member of the cooperative society and the dispute was not subject to Regulation 83(1) of the Cooperative Society Regulations.
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The High Court nullified CMA proceedings after finding DW1 was recalled and heard without oath, making the labour arbitration process fatally irregular.
The High Court nullified a CMA labour award because witness evidence had been recorded without oath, making the proceedings a nullity and requiring de novo hearing.
The High Court nullified CMA proceedings and quashed the award after finding the record showed witnesses were not sworn or affirmed, and ordered a trial de novo.
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.
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