daud john vs israeli john 2020 tzhc 2224 28 august 2020

daud john vs israeli john 2020 tzhc 2224 28 august 2020

The appellant provided sufficient cause for his absence and promptly sought to set aside the ex-parte order; denial of the right to be heard violated constitutional and procedural principles, rendering the tribunal's proceedings and judgment a nullity.

Source-derived case information.

Citation
daud john vs israeli john 2020 tzhc 2224 28 august 2020
Parties
Appellant: Daud John; Respondent: Israeli John
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2020
Procedural Posture
Land Appeal / Judgment on Appeal Against Refusal to Set Aside Ex Parte Order
Outcome
Appeal allowed
Legal Topics
Ex Parte Proceedings, Right to Be Heard, Setting Aside Ex Parte Orders, Natural Justice
Source Language
english
Land Law Civil Procedure Constitutional Law Ex Parte Proceedings Right to Be Heard Setting Aside Ex Parte Orders Natural Justice

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Summary, issues, holding and outcome

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Parties

Daud John

Appellant

Israeli John

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal Against Refusal to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the appellant adduced sufficient cause for non-appearance on the hearing date
  2. 2 Whether the appellant was denied the right to be heard
  3. 3 Whether the ex-parte order and subsequent proceedings were a nullity

Ratio Decidendi

The appellant provided sufficient cause for his absence and promptly sought to set aside the ex-parte order; denial of the right to be heard violated constitutional and procedural principles, rendering the tribunal's proceedings and judgment a nullity.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the District Land and Housing Tribunal for Karatu dated 26th August, 2019 quashed and set aside
  • Ruling in Misc. Land Application No. 49 of 2019 set aside