Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The Court of Appeal quashed High Court proceedings and judgment in a land dispute because necessary parties were not joined, and ordered a retrial.
The trial tribunal's failure to allow the appellant to peruse and object to documentary evidence, and failure to read the documents aloud after admission, constituted procedural irregularities that prejudiced the appellant's right to a fair hearing. Additionally, the tribunal's failure to visit the disputed land to ascertain boundaries and measurements rendered the proceedings incomplete. These defects necessitate a retrial before a different Chairman, with proper observance of procedural rules.
Source excerpt
The High Court allowed a land appeal, holding that the Ward Tribunal proceedings were a nullity for improper composition and ordering a retrial before a properly constituted tribunal.
The omission by the trial chairperson to append his signature after recording the evidence of witnesses is an incurable irregularity, rendering the proceedings, judgment, and decree a nullity from the date the omission began.
Source excerpt
The Court of Appeal corrected a review decision, holding that failing to quash conviction and sentence after declaring proceedings a nullity was a manifest error.
The Tribunal's failure to record and make available the assessors' written opinions as required by law was a fatal irregularity that vitiated the proceedings and judgment; consequently, the High Court's proceedings and judgment, being based on null proceedings, are also nullified.
Source excerpt
Court of Appeal held that irregular, mixed participation of assessors in a High Court Land Division trial rendered the proceedings, judgment and decree a nullity.
High Court land appeal allowed for procedural irregularity after the district tribunal failed to properly involve assessors before judgment. The case was remitted for retrial.
The High Court nullified land tribunal proceedings after finding the assessors gave their opinions together, contrary to the required procedure, and ordered a retrial.
The High Court held that the Ward Tribunal was improperly constituted, rendering its proceedings a nullity and quashing the lower decisions.
Explore more
