charles chacha mashanshu vs rashidi issa 2020 tzhclandd 3975 6 november 2020
The first appellate tribunal was functus officio after the revision decision quashed the trial tribunal's judgment and proceedings; it should have struck out the appeal instead of reconsidering the matter.
- Citation
- charles chacha mashanshu vs rashidi issa 2020 tzhclandd 3975 6 november 2020
- Parties
- Appellant: Charles Chacha Mashanshu; Respondent: Rashidi Issa
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 6 November 2020
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Right to Be Heard, Functus Officio, Revision Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Chacha Mashanshu
Appellant
Rashidi Issa
Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 whether the first appellate tribunal erred in reconsidering a decision already quashed in revision
- 2 whether the subject matter in revision and appeal were different
- 3 whether the first appellate tribunal was functus officio
Ratio Decidendi
The first appellate tribunal was functus officio after the revision decision quashed the trial tribunal's judgment and proceedings; it should have struck out the appeal instead of reconsidering the matter.
Court Disposition
appeal dismissed
Orders
- judgment of the first appellate tribunal quashed
- order striking out the appeal for being functus officio
Full Case Text
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