Automated Summary
Deceased Name
Majengo Makanga
Key Facts
The case involved 18 appellants challenging the decision of the District Land and Housing Tribunal (Mara) which ruled in favor of the respondent, Adam Mohamed Abdallah, claiming ownership of a land in Mgaranjabo street, Buhare area, Musoma District. The appellants disputed the respondent's ownership and encroachment claims. The trial tribunal found the respondent's evidence more convincing, ordering the appellants to vacate the land and demolish structures. The appeal was based on the trial tribunal's failure to append the chairperson's signature to the recorded evidence of witnesses, which the appellants argued rendered the proceedings and judgment invalid. The High Court agreed, nullifying the proceedings from March 26, 2019, and ordering a retrial with a different judge and assessors.
Issues
The court considered whether the trial chairperson's omission to append his signature after recording witness evidence rendered the proceedings a nullity, citing incurable irregularity in authentication.
Holdings
The court held that the failure by the trial chairperson to append his signature after recording the evidence of witnesses (PW1, PW2, DW1, DW2, DW3) constitutes an incurable irregularity under the Civil Procedure Code, rendering the proceedings from 26th March 2019 a nullity. Consequently, the judgment and decree of the District Land and Housing Tribunal were quashed and set aside, and a retrial was ordered before a different chairman and assessors. This determination was based on the principle that the absence of the judge's signature on witness testimony undermines the authenticity of the evidence and the legality of the proceedings, as affirmed in cited cases (Masumbuko Makeleze and Yohana Musa Makubi).
Remedies
- The court nullified the proceedings of the trial tribunal starting from 26th March 2019.
- Quash and set aside the judgment and decree rendered by the trial tribunal.
- Order a retrial of the case beginning from the proceedings on 26th March 2019 before a different chairman and assessors.
Probate Status
Letters of Administration granted to Adam Mohamed Abdallah as administrator of Late Majengo Makanga's estate
Legal Principles
- The court held that the failure of the trial chairperson to append his signature after recording witness evidence rendered the evidence inadmissible. This omission created an incurable irregularity under the Civil Procedure Code, undermining the authenticity of the proceedings and necessitating a retrial.
- The judgment emphasized principles of natural justice by highlighting the necessity of authentic procedures in judicial proceedings. The lack of signature on evidence was considered a fundamental procedural flaw affecting the fairness of the trial.
Succession Regime
Estate administration under Tanzanian law
Precedent Name
- Masumbuko Makeleze @ Kosovo vs R
- Yohana Musa Makubi vs R
Executor Name
ADAM MOHAMED ADBALLAH
Cited Statute
- Civil Procedure Code [Cap. 33, R.E. 2019]
- Land Disputes Courts Act [Cap. 216, R.E. 2019]
Executor Appointment
Administrator of the Estates of the Late Majengo Makanga
Judge Name
Kisanya
Beneficiary Classes
Other
Passage Text
- We are thus, satisfied that, failure by the Judge to append his/her signature after taking down the evidence of every witness is an incurable irregularity in the proper administration of criminal justice in this country. The rationale for the rule is fairly apparent as it is geared to ensure that the trial proceedings are authentic and not tainted.
- In the event, I am inclined to exercise the revisionary powers vested in this Court as hereby do nullify the proceedings the trial Tribunal starting from 26th March, 2019, quash and set aside the judgment and decree thereon. Consequently, I order a retrial of the case starting from the proceedings of 26th March, 2019.
- Therefore, in the light of the above decision, the authenticity of the evidence adduced during the trial is at issue. The omission by the trial chairperson to append his signature after recording the evidence of PW1, PW3, DW1, DW2 and DW3 is an incurable irregularity. Therefore, the proceedings of the Tribunal from 26th March, 2019 when PW1 started to adduce his evidence is a nullity. It also affected the judgment and decree thereon.