Land Appeal No

Land Appeal No

The Tribunal contravened Regulation 13(2) by entering an ex parte order against the appellant when his advocate was absent for only one date without good cause; the appellant was denied the right to be heard.

Citation
Land Appeal No
Parties
Appellant: Aloyce P. Lyimo; 1st Respondent: Regina Reginald Chonjo; 2nd Respondent: Hidaya Sudi Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Ex Parte Orders, Right to Be Heard, Representation by Advocate
Source Language
English
Land Law Civil Procedure Ex Parte Orders Right to Be Heard Representation by Advocate

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Parties

Aloyce P. Lyimo

Appellant

Regina Reginald Chonjo

1st Respondent

Hidaya Sudi Mushi

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in entering ex parte order against the appellant
  2. 2 Whether the appellant was denied the right to be heard
  3. 3 Whether Regulation 13(2) of the Land Disputes Courts Regulations was contravened

Ratio Decidendi

The Tribunal contravened Regulation 13(2) by entering an ex parte order against the appellant when his advocate was absent for only one date without good cause; the appellant was denied the right to be heard.

Court Disposition

appeal allowed

Orders

  • Ex parte order entered against appellant set aside
  • Proceedings from 15/9/2023 and resultant judgment and decree quashed