Land Revision No

Land Revision No

There were serious procedural irregularities and incoherence in the proceedings of Misc. Application No. 173 of 2023, resulting in denial of fair hearing and injustice to the applicant. No irregularities were found in Execution Application No. 18 of 2022.

Citation
Land Revision No
Parties
Applicant: Amina Rashidi; 1st Respondent: Hashimu Ramadhani Selemani; 2nd Respondent: Juma Ramadhani; 3rd Respondent: Choki Ramadhani Selemani; 4th Respondent: Jutia Ramadhani Selemani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Revision / Ruling
Outcome
Application partly allowed
Legal Topics
Revision, Procedural Irregularities, Right to Fair Hearing, Extension of Time, Stay of Execution
Source Language
English

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Parties

Amina Rashidi

Applicant

Hashimu Ramadhani Selemani

1st Respondent

Juma Ramadhani

2nd Respondent

Choki Ramadhani Selemani

3rd Respondent

Jutia Ramadhani Selemani

4th Respondent

Procedural Posture

Land Revision / Ruling

  1. 1 Whether there were procedural irregularities in Misc. Land Application No. 173 of 2023 and Execution Application No. 18 of 2022
  2. 2 Whether such irregularities caused injustice to the applicant

Ratio Decidendi

There were serious procedural irregularities and incoherence in the proceedings of Misc. Application No. 173 of 2023, resulting in denial of fair hearing and injustice to the applicant. No irregularities were found in Execution Application No. 18 of 2022.

Court Disposition

Application partly allowed

Orders

  • Proceedings and subsequent orders in Misc. Application No. 173 of 2023 quashed and set aside
  • Application to be reheard before another Chairperson