chenge robert another vs paulo m kihila 2012 tzhclandd 141 2 november 2012

The appeal succeeds because the appellants were denied their right to be heard due to improper service and the appellate tribunal proceeded without the original record of the Ward Tribunal.

Citation: chenge robert another vs paulo m kihila 2012 tzhclandd 141 2 november 2012
Parties: Appellant: Chenge Robert; Appellant: Makoye Malabi; Respondent: Paulo M. Kihila
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 2 November 2012
Procedural Posture: Miscellaneous Land Case Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Right to Be Heard, Service of Summons, Proper Record Keeping
Source Language: English

Land Law Civil Procedure Right to Be Heard Service of Summons Proper Record Keeping

Case Brief

Summary, issues, holding and outcome

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Parties

Chenge Robert

Appellant

Makoye Malabi

Appellant

Paulo M. Kihila

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment

Legal Issues

1 Whether the appellants were denied their constitutional right to be heard
2 Whether proper service of summons was effected
3 Whether the appellate tribunal erred by proceeding without the original record of the Ward Tribunal

Ratio Decidendi

The appeal succeeds because the appellants were denied their right to be heard due to improper service and the appellate tribunal proceeded without the original record of the Ward Tribunal.

Court Disposition

appeal allowed

Orders

Proceedings of both lower tribunals quashed
Matter to be heard de novo in the Ward Tribunal of Kagunga