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Tanzania decisions
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The Court of Appeal nullified proceedings before a successor judge who failed to record reasons for taking over a partly heard land case.
Court of Appeal of Tanzania set aside a High Court judicial review ruling after finding the appellant was denied a hearing on the power of attorney issue.
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.
Failure by successor judges to record reasons for taking over the trial rendered the proceedings, judgment, and decree a nullity due to lack of jurisdiction; overriding objective principle does not cure this defect.
Source excerpt
Failure by successor judges to record reasons for taking over the trial of a suit is a jurisdictional defect that renders the proceedings, judgment, and decree a nullity; overriding objective principle cannot cure such defect.
Source excerpt
The Court of Appeal struck out a civil appeal as incompetent after finding an irregular change of party name and an improper succession of trial judges.
The succession of presiding judges without recording reasons was highly irregular and rendered the proceedings, judgment, and decree a nullity; the matter must be remitted for a fresh trial.
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