andrew katema vs simoni ngalapa 2020 tzhc 3337 30 october 2020

The appellate court erred by raising and determining an issue suo motu regarding the admission of Exhibit U2 without affording the parties an opportunity to be heard, violating the right to a fair hearing and rendering the decision a nullity.

Citation: andrew katema vs simoni ngalapa 2020 tzhc 3337 30 october 2020
Parties: Appellant: Andrew A. Katema; Respondent: Simoni Ngalapa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 October 2020
Procedural Posture: Civil Appeal / Ruling on Second Appeal
Outcome: appeal allowed
Legal Topics: Right to Be Heard, Natural Justice, Suo Motu Decisions, Appeal Procedure, Admission of Evidence
Source Language: English

Civil Procedure Contract Law Right to Be Heard Natural Justice Suo Motu Decisions Appeal Procedure Admission of Evidence

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Parties

Andrew A. Katema

Appellant

Simoni Ngalapa

Respondent

Procedural Posture

Civil Appeal / Ruling on Second Appeal

Legal Issues

1 Whether the appellate magistrate erred in law and fact by determining an appeal solely on an issue raised suo motu without hearing the parties
2 Whether the appellate magistrate misdirected herself by not considering the grounds of appeal raised by the appellant

Ratio Decidendi

Court Disposition

appeal allowed

Orders

The decision of the first appellate court is quashed as a nullity.
Civil Appeal No. 31 of 2018 is remitted back to the District Court of Kilosa to be heard afresh by another magistrate with competent authority.