abraham gaya vs peter odhiambo boaz others 2016 tzhc 2048 15 november 2016

Proceedings conducted without impleading necessary parties are null and void; both tribunal decisions are quashed and set aside.

Citation: abraham gaya vs peter odhiambo boaz others 2016 tzhc 2048 15 november 2016
Parties: Appellant: Abraham Gaya; 1st Respondent: Peter Odhiambo Boaz; 2nd Respondent: Francis Pembo; 3rd Respondent: Edward Francis Pembo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 November 2016
Procedural Posture: Consolidated Land Appeal and Applications / Judgment
Outcome: proceedings quashed and decisions set aside; trial to start afresh with necessary parties impleaded; each party to bear own costs
Legal Topics: Natural Justice, Necessary Parties, Revision, Extension of Time
Source Language: English

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Abraham Gaya

Appellant

Peter Odhiambo Boaz

1st Respondent

Francis Pembo

2nd Respondent

Edward Francis Pembo

3rd Respondent

Consolidated Land Appeal and Applications / Judgment

1 whether proceedings conducted without necessary parties are valid
2 whether decisions of lower tribunals are sustainable when affected parties were not impleaded

Proceedings conducted without impleading necessary parties are null and void; both tribunal decisions are quashed and set aside.

proceedings quashed and decisions set aside; trial to start afresh with necessary parties impleaded; each party to bear own costs

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