20160324 TZCA Dar es Salaam 1

20160324 TZCA Dar es Salaam 1

Issuing orders against persons who were not parties to the proceedings and without affording them a hearing violates the principle of natural justice, rendering the proceedings and orders a nullity.

Citation
20160324 TZCA Dar es Salaam 1
Parties
Applicant: Ivan Kodeh; Applicant: Deva Mahrez; Applicant: I.D.U. Limited; Applicant: Chrysogonous Investment Ltd; Applicant: Michamvi Golf and Resort Ltd; Applicant: I.T.D. Power Limited; Respondent: Sardinius Investment Limited; Respondent: Arnaud Tual; Respondent: Xavier Despringre; Respondent: Lionel Sonigo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 March 2016
Procedural Posture
Civil Application for Revision / Ruling on Revision Application
Outcome
Application allowed
Legal Topics
Right to Be Heard, Ex Parte Orders, Attachment Before Judgment, Interim Injunctions, Anton Piller Orders, Judicial Impartiality
Source Language
English
Civil Procedure Natural Justice Right to Be Heard Ex Parte Orders Attachment Before Judgment Interim Injunctions Anton Piller Orders Judicial Impartiality

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Parties

Ivan Kodeh

Applicant

Deva Mahrez

Applicant

I.D.U. Limited

Applicant

Chrysogonous Investment Ltd

Applicant

Michamvi Golf and Resort Ltd

Applicant

I.T.D. Power Limited

Applicant

Sardinius Investment Limited

Respondent

Arnaud Tual

Respondent

Xavier Despringre

Respondent

Lionel Sonigo

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Revision Application

Legal Issues

  1. 1 Whether orders can be issued against non-parties without hearing them
  2. 2 Legality of ex parte attachment before judgment
  3. 3 Whether interim orders can grant final reliefs

Ratio Decidendi

Issuing orders against persons who were not parties to the proceedings and without affording them a hearing violates the principle of natural justice, rendering the proceedings and orders a nullity.

Court Disposition

Application allowed

Orders

  • Proceedings and orders of the High Court of Zanzibar dated 20th and 30th January 2015 are nullified, quashed and set aside.
  • Matter to be placed before another judge for adjudication.