ELIA KACHWERE
The High Court allowed a criminal appeal after finding the guilty plea was improperly taken because the trial court did not explain each ingredient of the offence.
- Rape
- Plea procedure
- Conviction
- Sentence
- Trial de novo
- Criminal-appeal
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KURUTHUM ALLY KIBEHERE AND OTHERS VS MATHUAS BONIVENTURE MWANDIKO AND ANOTHER land appeal no
The District Land and Housing Tribunal acted without jurisdiction by ordering and conducting a trial de novo itself instead of remitting the matter to the Ward Tribunal, rendering all subsequent proceedings and decisions a nullity. Failure to join Salum Mapuya was not fatal as he had no interest in the suit land.
Source excerpt
- Jurisdiction
- Trial de novo
- Joinder of parties
- Appellate procedure
- Nullity of proceedings
MARGARETH PASCHAL MAGANGA V
The proceedings and award of the CMA were vitiated by irregularities in the admission of exhibits, which breached the right to a fair hearing and the principles of natural justice. As a result, the proceedings are nullified and a trial de novo is ordered before a different arbitrator.
Source excerpt
- Improper admission of evidence
- Right to be heard
- Fair hearing
- Nullification of proceedings
- Trial de novo
CIVIL APPEAL NO 5913 0f 2024 NEW
The High Court partly allowed this civil appeal, set aside a retrial order, upheld the trial court judgment, and awarded costs to the respondent.
- Appeals
- Breach of contract
- Admissibility of evidence
- Costs
- Trial de novo
- Civil-appeal
chacha marwa chogoro vs waitihache merengo 2023 tzhc 20961 13 september 2023
The High Court upheld the Tribunal’s second-appeal decision and held that the parties must comply with prior tribunal and Court of Appeal directives in their land dispute.
- Ward tribunal jurisdiction
- Compliance with appellate directives
- Trial de novo
- Mediation in land disputes
- Land-law
- Ward-tribunal-jurisdiction
kashinje james msuya vs shamsye secondary school 2023 tzhcld 1273 22 may 2023
The High Court set aside a CMA award after finding witness evidence had been recorded without oath, a mandatory defect that vitiated the proceedings.
- Oath administration
- Nullification of proceedings
- Trial de novo
- Labour-law
- Oath-administration
- Nullification-of-proceedings
cleophace kaiza vs potence mugumila 2022 tzca 760 2 december 2022
The Court of Appeal held that irregular and unclear involvement of assessors in the District Land and Housing Tribunal rendered the proceedings a nullity.
- Involvement of assessors
- Nullity of proceedings
- Trial de novo
- Customary land rights
- Land-law
- Civil-procedure
tanzania cigarette company ltd vs anna mapunda andrew sabaya 2022 tzhcld 740 15 august 2022
The High Court of Tanzania Labour Division nullified CMA proceedings and set aside an award after finding the record could not be traced or reconstructed.
- Revision of arbitral award
- Nullification of proceedings
- Reconstruction of record
- Trial de novo
- Labour-law
- Revision-of-award
national bank of commerce vs fransisca assey 2022 tzhcld 635 15 june 2022
The High Court nullified CMA proceedings for material recording discrepancies and inconsistencies, quashed the award, and ordered a de novo hearing before another arbitrator.
- Employment discrimination
- Procedural irregularities
- Harassment
- Miscarriage
- Trial de novo
- Labour-law
peter makuri vs michael magwega 2022 tzca 54 23 february 2022
The failure of the Tribunal Chairman to solicit, receive, read out, and consider the assessors' opinions in the proceedings and judgment is a fatal omission that vitiates the entire proceedings, necessitating their nullification and a retrial.
Source excerpt
- Composition of tribunal
- Role of assessors
- Nullification of proceedings
- Trial de novo
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