Tanzania Case Law

BADILI VS MOTE

Court

TANZLII

The failure by the trial magistrate to administer an oath or affirmation to the respondent’s witnesses before they gave oral evidence during cross-examination constituted a fatal procedural irregularity, rendering the trial court proceedings, judgment, and decree invalid. The proper remedy is to nullify the proceedings from the point of irregularity and order a retrial before another magistrate.

Source excerpt

• Oaths and affirmations
• Evidence
• Small claims
• Procedural irregularity
• Remand for retrial

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19820216 TZCA Dar es Salaam2

Court

TZCA

The Court of Appeal remitted a property apportionment dispute to the Primary Court to receive evidence on a claimed second wife, 11 children, and house valuations.

• Apportionment of property
• Consideration of additional evidence
• Remand for retrial
• Family-law
• Property-apportionment
• Remand-for-retrial

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