abraham edward kilango and another vs fredy faustine mulyango 2021 tzhc 2266 19 february 2021
The trial court erred by framing new issues in its judgment without affording the parties a right to be heard, violating the principle of fair hearing. This procedural defect rendered the judgment a nullity, warranting a retrial.
- Citation
- abraham edward kilango and another vs fredy faustine mulyango 2021 tzhc 2266 19 february 2021
- Parties
- Appellant: Abraham Edward Kilango; Appellant: Esperance Rusagara; Respondent: Fredy Faustine Mulyango
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2021
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal partly allowed; retrial ordered
- Legal Topics
- Breach of Contract, Burden of Proof, Judgment Formality, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abraham Edward Kilango
Appellant
Esperance Rusagara
Appellant
Fredy Faustine Mulyango
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in deciding in favor of the respondent without sufficient proof against the appellants
- 2 Whether the trial court improperly shifted the burden of proof to the appellants
- 3 Whether the trial court failed to consider the appellants' evidence
Ratio Decidendi
The trial court erred by framing new issues in its judgment without affording the parties a right to be heard, violating the principle of fair hearing. This procedural defect rendered the judgment a nullity, warranting a retrial.
Court Disposition
appeal partly allowed; retrial ordered
Orders
- Retrial of the case ordered
- No order as to costs
Full Case Text
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