Tanzania Case Law

regina ishemwabura vs nassor hamis nasor others 2022 tzca 727 23 november 2022

Court

TZCA

The trial judge erred in law by dismissing the suit solely on the ground of expiry of the speed track, as the law does not provide for such a consequence; instead, the court should have amended the scheduling order or imposed costs. The omission to record reasons for the successor judge taking over did not prejudice the appellant as she was represented throughout, and no injustice was occasioned.

Source excerpt

• Speed track expiry
• Right to be heard
• Successor judge's reasons
• Dismissal of suit
• Order xviii rule 10 cpc
• Order viii rule 23 cpc

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charles chama others vs the regional manager tra others 2019 tzca 417 2 december 2019

Court

TZCA

The Court of Appeal quashed a trial judgment after finding successor judges took over a partly heard case without giving reasons, making the later proceedings a nullity.

• Succession of judges
• Nullity of proceedings
• Order xviii rule 10 cpc
• Overriding objective principle
• Ownership of property
• Customs and immigration law

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joseph wasonga otieno vs assumpter nshunju mshama 2017 tzca 179 19 october 2017

Court

TZCA

Failure by the successor judge to record reasons for taking over the trial from the predecessor judge is a material irregularity under Order XVIII rule 10(1) of the Civil Procedure Code, rendering the proceedings, judgment, and decree a nullity and necessitating a retrial before a competent judge.

Source excerpt

• Successor judge proceedings
• Order xviii rule 10 cpc
• Retrial
• Judicial irregularity
• Commercial loan dispute

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20171019 TZCA Dar es salaam

Court

TZCA

Failure by the successor judge to record reasons for taking over the trial from the predecessor judge, as required by Order XVIII rule 10(1) of the Civil Procedure Code, rendered the proceedings irregular and highly prejudicial, necessitating the quashing of the proceedings, judgment, and decree, and ordering a fresh trial before another judge.

Source excerpt

• Trial by multiple judges
• Order xviii rule 10 cpc
• Retrial
• Judicial irregularity
• Commercial loan dispute

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20160725 TZCA Arusha

Court

TZCA

All proceedings conducted by the successor judge, Mugasha, J., from 17/3/2014 including the judgment and decree, are a nullity because no reasons were recorded for the judicial succession as required by Order XVIII Rule 10 CPC. The successor judge lacked jurisdiction to proceed.

Source excerpt

• Judicial succession
• Nullity of proceedings
• Order xviii rule 10 cpc
• Trial by successor judge

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