20160621 TZHC Mwanza

20160621 TZHC Mwanza

The appellant's right to be heard was violated as the absence of his advocate was sufficiently explained and the Tribunal Chairman improperly relied on extraneous matters; the application should be restored and heard on its merits.

Citation
20160621 TZHC Mwanza
Parties
Appellant: Daudi Urio; Respondent: Lauson John
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2016
Procedural Posture
Land Appeal / Judgment on Appeal From Dismissal of Restoration Application
Outcome
Appeal allowed
Legal Topics
Restoration of Dismissed Application, Right to Be Heard, Non Appearance of Advocate, Extraneous Matters in Decision Making
Source Language
English
Land Law Civil Procedure Restoration of Dismissed Application Right to Be Heard Non Appearance of Advocate Extraneous Matters in Decision Making

Case Brief

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Parties

Daudi Urio

Appellant

Lauson John

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Dismissal of Restoration Application

Legal Issues

  1. 1 Whether the appellant advanced sufficient reason for non-appearance of his advocate
  2. 2 Whether the dismissal of the application was based on extraneous matters
  3. 3 Whether the appellant's right to be heard was violated

Ratio Decidendi

The appellant's right to be heard was violated as the absence of his advocate was sufficiently explained and the Tribunal Chairman improperly relied on extraneous matters; the application should be restored and heard on its merits.

Court Disposition

Appeal allowed

Orders

  • Ruling of the District Land and Housing Tribunal in Misc. Application No. 27 of 2013 quashed and set aside
  • Application No. 27 of 2013 to be heard and determined on merits by another competent Chairman