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Tanzania decisions
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Failure to record the names of assessors in the coram and lack of clarity regarding their participation rendered the Tribunal improperly constituted, vitiating the proceedings, judgment, and decree, which must be nullified and the matter remitted for retrial before a different chairperson and new assessors.
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The High Court dismissed a civil appeal, holding that the District Court lacked pecuniary jurisdiction and that the fresh suit over crop damage was time-barred.
The application for joinder was withdrawn by the applicant after considering the binding directive of the Court of Appeal for a retrial from a specific stage, making joinder procedurally impermissible at this point.
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The trial court's proceedings and judgment are vitiated due to the absence of PW5's testimony from the record, creating a material discrepancy between the judgment and the trial record, which prevents proper appellate review. The error is not based on insufficiency of evidence but on the lack of a complete and accurate record. Accordingly, the proceedings and judgment are quashed and set aside, and a retrial is ordered before a different magistrate.
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The trial court erred by requiring proof of land ownership rather than crop ownership for the offence of unlawful damage to property. The appellate court also erred in its evaluation of evidence. The High Court, lacking power to re-evaluate evidence as a second appellate court, found it in the interest of justice to order a retrial.
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The Court of Appeal ordered a retrial after finding the High Court failed to properly assess the authenticity and probative value of a key land sale document.
High Court land appeal allowed after finding the trial was defective for failure to join Kilwa District Council as a necessary party; retrial ordered.
The Court of Appeal nullified a narcotics conviction because assessors were not properly directed on vital legal issues, and ordered a retrial.
The Court of Appeal held that unfair rejection of documentary evidence at trial rendered the proceedings a nullity and ordered a retrial.
The trial court lacked jurisdiction to try the economic crime case as the DPP's consent and certificate were not formally filed or endorsed to form part of the proceedings, rendering the entire proceedings and judgments of both lower courts a nullity.
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