boda awadh ahmed vs zainabu magela mayonga others 2021 tzhc 9381 3 december 2021

boda awadh ahmed vs zainabu magela mayonga others 2021 tzhc 9381 3 december 2021

The trial tribunal's action of selling the suitland and dismissing the application before hearing the parties on merit constituted a denial of the applicant's right to be heard, violating constitutional and natural justice principles. The 5th, 6th, and 7th respondents were wrongly joined and are struck out. The...

Source-derived case information.

Citation
boda awadh ahmed vs zainabu magela mayonga others 2021 tzhc 9381 3 december 2021
Parties
Applicant: Boda Awadh Ahmed; 1st Respondent: Zainabu Magela Mayonga (Administratrix of the estate of Hamis Rajabu Mazoya); 2nd Respondent: Issa Kalunga; 3rd Respondent: Keneth Kombo; 4th Respondent: Salama Musa; 5th Respondent: Habibu Hashimu Mussa; 6th Respondent: Waziri Majuto; 7th Respondent: Majembe Auction Mart Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 2021
Procedural Posture
Land Revision / Ruling on Revision Application
Outcome
Application granted in part
Legal Topics
Right to Be Heard, Natural Justice, Revisionary Powers, Misjoinder of Parties, Sale of Land During Pending Proceedings
Source Language
english
Land Law Civil Procedure Constitutional Law Right to Be Heard Natural Justice Revisionary Powers Misjoinder of Parties Sale of Land During Pending Proceedings

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Parties

Boda Awadh Ahmed

Applicant

Zainabu Magela Mayonga (Administratrix of the estate of Hamis Rajabu Mazoya)

1st Respondent

Issa Kalunga

2nd Respondent

Keneth Kombo

3rd Respondent

Salama Musa

4th Respondent

Habibu Hashimu Mussa

5th Respondent

Waziri Majuto

6th Respondent

Majembe Auction Mart Ltd

7th Respondent

Procedural Posture

Land Revision / Ruling on Revision Application

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard in the trial tribunal proceedings
  2. 2 Whether the sale of the suitland prior to conclusion of the trial was lawful
  3. 3 Whether the 5th, 6th, and 7th respondents were properly joined in the application

Ratio Decidendi

The trial tribunal's action of selling the suitland and dismissing the application before hearing the parties on merit constituted a denial of the applicant's right to be heard, violating constitutional and natural justice principles. The 5th, 6th, and 7th respondents were wrongly joined and are struck out. The impugned ruling is nullified and the matter remitted for hearing inter partes.

Court Disposition

Application granted in part

Orders

  • 5th, 6th, and 7th respondents struck out from the application
  • Ruling of the trial tribunal dated 22 May 2017 nullified, quashed, and set aside