Kassim Mohamed Mketto vs Dharubia Abdallah (PC Civil Appeal No. 79 of 1997) [1998] TZHC 2143 (17 September 1998)

i ,,,,, . r-:ackanj a, J .,,!., IN THE ':,IGH COURT OF TANZANIA AT DAR S S1',! .. AJU1 PC. CIVI. J'..PPEAL.NO. 79/97 KASS IM MOHAMi':D MKST'ro ••••• • •••••• li.PPT<::LLANT V, E R S U S DHJ.i:WBL'\ f,BDALLAI-I ••••••••• • •••• • • RESPONDENT My examination of the record of proceedings of the trial primary · court leavetJ no doubt that the judgment is incurably defective. The irregularity arises from the f · .. _,re on the part of the trial magistrate to have the oth8r members of his court sign the judgment or d_ecision. For Rule 3 of the Magistrates Courts (Primary Courts) (Judgment of Court)- R-.iles, 1987 c1S published in terms of GN 2 of 1987 makes it a mdatory requirement that all members of cl primary court shall sign the judgment or decision .o.f the,t court. 11 Members of the Court;' are defined to mean the magistrate and the less than two assessors he sits witll. The rendition of the invalidify to the trial proceedings had equally affected proosedins before the appelJ..:':l.te District Court. So in th0 final result the proceedings before the two lower courts are quashedo It is directed, if the plaintif is still minded to persue her rights, that the suit be heard by another magistrate and two other r.1embers of the court. There shall.be no order for oostb• Delivered. Absent: Both parties i I /7 ' /{;L--e.r...;·,,L--1 91-. -,.,., J: Mo Mackanj a / / _ . ..- JUDGE