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Tanzania decisions
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The trial tribunal's failure to record and consider the assessors' opinions in the presence of the parties, and the admission of evidence from a witness who was not sworn, constituted serious procedural irregularities that vitiated the proceedings and judgment.
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High Court revision of a CMA award was allowed after the court found the dispute was not properly pleaded or mediated as constructive termination.
Failure to administer oath or affirmation to witnesses at the CMA is a fatal procedural irregularity that vitiates the entire proceedings and award, necessitating a rehearing before a different arbitrator.
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Failure to administer oath or affirmation to witnesses at the CMA is an incurable irregularity that vitiates the proceedings and award, necessitating nullification of proceedings, setting aside of the award, and ordering a trial de novo before a different arbitrator.
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Failure to administer oath or affirmation to respondent's witnesses was a fatal irregularity that vitiated the entire CMA proceedings and award, necessitating nullification and a trial de novo before a different arbitrator.
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Failure of witnesses to testify under oath at the CMA is a fatal irregularity that vitiates the proceedings and the award; the overriding objective principle cannot be used to cure such a fundamental breach of procedure.
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The charge was not defective as the relevant section was in force and particulars were clear; failure to recall witnesses after charge substitution was not prejudicial as only the date changed and no injustice occurred; evidence of a witness not affirmed was expunged but did not affect the conviction; the prosecution proved the case beyond reasonable doubt based on credible identification evidence from PW1.
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The charge was incurably defective for failing to specify the category of rape and relevant subsection, which denied the appellant a fair trial; thus, the conviction and sentence could not stand.
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The appeal was allowed because the petition for divorce was incompetent without a certificate from the Marriage Conciliatory Board and all witness testimonies were invalid as they were not sworn or affirmed, rendering the trial court's proceedings, judgment, and orders null and void.
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