alex maganga vs awadhi mohamed gessan another 2014 tzhc 2034 29 august 2014

alex maganga vs awadhi mohamed gessan another 2014 tzhc 2034 29 august 2014

The trial court fatally erred by proceeding to judgment on the 'no case to answer' submission without affording the appellant an opportunity to reply, thereby breaching principles of natural justice and the right to a fair hearing, which vitiates the judgment.

Source-derived case information.

Citation
alex maganga vs awadhi mohamed gessan another 2014 tzhc 2034 29 august 2014
Parties
Appellant: Alex Maganga; 1st Respondent: Awadhi Mohamed Gessan; 2nd Respondent: Director, Dar es Salaam City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 2014
Procedural Posture
Civil Appeal / First Appeal From Judgment of Resident Magistrates’ Court at Kisutu
Outcome
appeal allowed to the extent indicated
Legal Topics
Right to Fair Hearing, Natural Justice, Land Allocation, No Case to Answer Procedure
Source Language
english
Civil Procedure Land Law Constitutional Law Right to Fair Hearing Natural Justice Land Allocation No Case to Answer Procedure

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Parties

Alex Maganga

Appellant

Awadhi Mohamed Gessan

1st Respondent

Director, Dar es Salaam City Council

2nd Respondent

Procedural Posture

Civil Appeal / First Appeal From Judgment of Resident Magistrates’ Court at Kisutu

Legal Issues

  1. 1 Whether the trial court erred in deciding there was no case to answer for the second respondent without affording the appellant a right to reply
  2. 2 Whether the trial court's procedure violated principles of natural justice and fair hearing

Ratio Decidendi

The trial court fatally erred by proceeding to judgment on the 'no case to answer' submission without affording the appellant an opportunity to reply, thereby breaching principles of natural justice and the right to a fair hearing, which vitiates the judgment.

Court Disposition

appeal allowed to the extent indicated

Orders

  • Judgment of the trial court set aside
  • Record remitted to the trial court for proper procedure: written submissions on 'no case to answer' to be served to appellant and first respondent, who may reply; trial court to rule on 'no case to answer' before proceeding to judgment