20170811 TZHC Mwanza

20170811 TZHC Mwanza

Failure to make a scheduling order under Order VIIIA r.3 after disposal of the preliminary objection constituted a procedural irregularity, resulting in miscarriage of justice and vitiating the proceedings.

Citation
20170811 TZHC Mwanza
Parties
Appellant: CATA MINING CO. LTD; Respondent: NYAMAISA MARANDI
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Malicious Prosecution, Ex Parte Proceedings, Case Management, Scheduling Order
Source Language
English
Civil Procedure Malicious Prosecution Ex Parte Proceedings Case Management Scheduling Order

Case Brief

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Parties

CATA MINING CO. LTD

Appellant

NYAMAISA MARANDI

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate was entitled to proceed ex parte without scheduling the case under Order VIIIA r.3 of the Civil Procedure Code
  2. 2 Whether the proceedings were vitiated by procedural irregularity

Ratio Decidendi

Failure to make a scheduling order under Order VIIIA r.3 after disposal of the preliminary objection constituted a procedural irregularity, resulting in miscarriage of justice and vitiating the proceedings.

Court Disposition

appeal allowed

Orders

  • Irregular proceedings from the disposal of the preliminary objection quashed
  • Case remanded for trial from the disposal of the preliminary objection