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Tanzania decisions
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The trial tribunal erred in vacating its order to visit the locus in quo without genuine and compelling reasons, given the conflicting evidence on the location and boundaries of the suit land. The proceedings from 08/03/2024 onwards, including the judgment and decree, are nullified, and the matter is remitted for proper procedure.
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The first appellate court's failure to afford parties the right to be heard on an issue it raised suo moto was a fundamental breach of natural justice, rendering its decision and orders a nullity and requiring quashing and remittal for proper hearing.
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The first appellate court erred by determining the merits of the case after the trial court had dismissed it for lack of jurisdiction without affording parties the right to be heard. This procedural irregularity vitiated both lower court judgments. The proper course was to remit the case to the trial court for a fresh hearing on the jurisdiction issue after hearing both parties.
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The High Court quashed a land tribunal decision for failing to resolve all framed issues and remitted the dispute for fresh determination within 60 days.
The High Court quashed a land tribunal judgment for failing to evaluate both sides’ evidence and to determine all framed issues, and remitted the case.
The High Court quashed a land tribunal judgment for failing to determine framed issues and remitted the matter for fresh determination.
Failure by the District Court to decide the preliminary objections before addressing the merits of the application was a procedural error amounting to denial of the right to be heard, warranting the quashing and remittal of the ruling.
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The trial court's failure to enter a conviction before sentencing was a fatal irregularity, rendering the judgment and sentence a nullity; therefore, the appellate and trial court decisions must be quashed and the case remitted for proper conviction and sentencing.
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The High Court nullified a tribunal dismissal made without hearing the parties and remitted the land dispute for a fresh hearing before another chairman.
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