Before the Land Tribunal at Forodhani was Civil Case No. 132 of 2007 wherein the Appellant in this appeal sued the Respondent for trespass to land. After a full hearing the Appellant lost the suit. The tribunal unanimously found that the Appellant did fail to prove his case on the required standard of proof hence this appeal. In support of the appeal the Appellant raised a total of nine (9) grounds including those based on procedure. It was in the course of submitting on those procedural grounds when this court raised suo motu another procedural point touching on the propriety and the validity of the Tribunal’s proceedings. The point raised by the court was as to whether or not it was proper for the learned Magistrate who finally tried the suit and who prepared the judgment which is being questioned in this appeal, to have taken over the suit and to have acted on the evidence recorded by his predecessor without assigning reasons why his predecessor could not try the suit to its conclusion. Connected to that point was also the fact that the Tribunal’s record did not show who did assign the suit to the succeeding magistrate.

