chama cha msingi kamagambo vs charles domician others 2019 tzhc 286 11 january 2019

chama cha msingi kamagambo vs charles domician others 2019 tzhc 286 11 january 2019

Uplifting the injunction order in absence of the applicant and without counter affidavits from respondents violated the applicant's right to be heard and procedural requirements, constituting errors material to the merits and injustice; proceedings and orders after 10/7/2018 are nullified.

Citation
chama cha msingi kamagambo vs charles domician others 2019 tzhc 286 11 january 2019
Parties
Applicant: Chama Cha Msingi Kamagambo; Respondent: Charles Domician; Respondent: Hakimu Mohamed; Respondent: Chama Cha Msingi Ahamulama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 January 2019
Procedural Posture
Land Case Revision / Ruling
Outcome
application for revision granted
Legal Topics
Revision, Injunction, Recusal, Right to Be Heard, Natural Justice
Source Language
English
Land Law Civil Procedure Revision Injunction Recusal Right to Be Heard Natural Justice

Case Brief

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Parties

Chama Cha Msingi Kamagambo

Applicant

Charles Domician

Respondent

Hakimu Mohamed

Respondent

Chama Cha Msingi Ahamulama

Respondent

Procedural Posture

Land Case Revision / Ruling

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in refusing recusal and uplifting injunction orders without hearing the applicant
  2. 2 Whether the orders made in absence of the applicant and without counter affidavits violated procedural requirements

Ratio Decidendi

Uplifting the injunction order in absence of the applicant and without counter affidavits from respondents violated the applicant's right to be heard and procedural requirements, constituting errors material to the merits and injustice; proceedings and orders after 10/7/2018 are nullified.

Court Disposition

application for revision granted

Orders

  • Proceedings and orders after 10/7/2018 quashed and set aside.
  • File reverted to District Land and Housing Tribunal for continuation before another chairman and set of assessors.