20140724 TZHC Dar es Salaam

20140724 TZHC Dar es Salaam

Although the applicant was absent when the order for stay of execution was granted, he was not condemned unheard as the order did not affect his substantial rights and the attached properties belonged to the respondent. The pending appeal will address the substantive issues.

Citation
20140724 TZHC Dar es Salaam
Parties
Applicant: Nazareth Amon; Respondent: New Africa Casino Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2014
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
Application struck out
Legal Topics
Right to Be Heard, Natural Justice, Stay of Execution, Revision Proceedings
Source Language
English
Civil Procedure Right to Be Heard Natural Justice Stay of Execution Revision Proceedings

Case Brief

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Parties

Nazareth Amon

Applicant

New Africa Casino Ltd

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard in the proceedings for stay of execution
  2. 2 Whether the proceedings and order for stay of execution are null and void due to breach of natural justice

Ratio Decidendi

Although the applicant was absent when the order for stay of execution was granted, he was not condemned unheard as the order did not affect his substantial rights and the attached properties belonged to the respondent. The pending appeal will address the substantive issues.

Court Disposition

Application struck out

Orders

  • Application for revision is struck out.