crdb bank plcv vs the registered trustees of kagera farmers trust fund others 2024 tzca 94 23 february 2024
The trial judge acted without jurisdiction by revisiting the third-party notice already determined by another judge, rendering the judgment defective; further, the unilateral determination without hearing the parties violated the right to be heard, necessitating quashing the judgment and remitting the record for fresh judgment composition.
- Citation
- crdb bank plcv vs the registered trustees of kagera farmers trust fund others 2024 tzca 94 23 february 2024
- Parties
- Appellant: CRDB Bank PLC; 1st Respondent: The Registered Trustees of Kagera Farmers Trust Fund; 2nd Respondent: Kagera Cooperative Union (1990) Limited; 3rd Respondent: Tanzania Coffee Board
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2024
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Functus Officio, Third Party Notice, Right to Be Heard, Judgment Composition, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
CRDB Bank PLC
Appellant
The Registered Trustees of Kagera Farmers Trust Fund
1st Respondent
Kagera Cooperative Union (1990) Limited
2nd Respondent
Tanzania Coffee Board
3rd Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial judge was functus officio in determining the validity of the third-party notice
- 2 Whether the trial judge violated the right to be heard by determining the third-party notice without involving the parties
- 3 Appropriate remedy for defective judgment regarding third-party proceedings
Ratio Decidendi
The trial judge acted without jurisdiction by revisiting the third-party notice already determined by another judge, rendering the judgment defective; further, the unilateral determination without hearing the parties violated the right to be heard, necessitating quashing the judgment and remitting the record for fresh judgment composition.
Court Disposition
appeal allowed in part
Orders
- judgment of the trial court quashed
- decree and consequential orders set aside
Full Case Text
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