daniel mshahara shawa vs forecast microfinance t limited and another 2021 tzhclandd 669 10 september 2021

daniel mshahara shawa vs forecast microfinance t limited and another 2021 tzhclandd 669 10 september 2021

The trial Tribunal's ruling was defective for failing to provide reasons and specific orders, contrary to mandatory legal requirements. The omission was fatal and warranted quashing and remitting the matter for proper determination.

Citation
daniel mshahara shawa vs forecast microfinance t limited and another 2021 tzhclandd 669 10 september 2021
Parties
Applicant: Daniel Mshahara Shawa; 1st Respondent: Forecast Microfinance (T) Limited; 2nd Respondent: Sanga Investment General Supply & Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 September 2021
Procedural Posture
Land Revision / Ruling
Outcome
Application allowed; trial Tribunal's ruling quashed and set aside; matter remitted for proper ruling; no order as to costs.
Legal Topics
Revision of Tribunal Ruling, Default Judgment, Execution of Decree, Content of Judgment
Source Language
English
Land Law Civil Procedure Revision of Tribunal Ruling Default Judgment Execution of Decree Content of Judgment

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Parties

Daniel Mshahara Shawa

Applicant

Forecast Microfinance (T) Limited

1st Respondent

Sanga Investment General Supply & Auction Mart

2nd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether the trial Tribunal's ruling in Land Application No. 75 of 2018 was defective for lack of reasons and orders.
  2. 2 Whether the applicant is entitled to revision and correction of the Tribunal's ruling.

Ratio Decidendi

The trial Tribunal's ruling was defective for failing to provide reasons and specific orders, contrary to mandatory legal requirements. The omission was fatal and warranted quashing and remitting the matter for proper determination.

Court Disposition

Application allowed; trial Tribunal's ruling quashed and set aside; matter remitted for proper ruling; no order as to costs.

Orders

  • Trial Tribunal's ruling in Application No.75 of 2018 quashed and set aside.
  • File remitted to trial Tribunal for chairman to rewrite a proper ruling according to law.