deo kazeni mbwambo vs godson kaizer mollel 2021 tzhc 2790 29 january 2021

deo kazeni mbwambo vs godson kaizer mollel 2021 tzhc 2790 29 january 2021

The appellant was denied his right to be heard when the trial tribunal closed his defence case in his absence despite evidence of prior notice. This procedural irregularity was sufficient to dispose of the appeal without considering other grounds.

Citation
deo kazeni mbwambo vs godson kaizer mollel 2021 tzhc 2790 29 january 2021
Parties
Appellant: Deo Kazeni Mbwambo; Respondent: Godson Kaizer Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2021
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Right to Be Heard, Procedural Fairness, Ownership of Property, Probate and Administration of Estates
Source Language
English
Land Law Civil Procedure Right to Be Heard Procedural Fairness Ownership of Property Probate and Administration of Estates

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Parties

Deo Kazeni Mbwambo

Appellant

Godson Kaizer Mollel

Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Judgment

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard by closure of his defence case in his absence
  2. 2 Whether the trial tribunal erred in its findings regarding ownership and sale of the suit property

Ratio Decidendi

The appellant was denied his right to be heard when the trial tribunal closed his defence case in his absence despite evidence of prior notice. This procedural irregularity was sufficient to dispose of the appeal without considering other grounds.

Court Disposition

Appeal allowed

Orders

  • Orders of the trial tribunal closing the defence case and its judgment are set aside and quashed
  • Record remitted to the trial tribunal for continuation of proceedings before a different chairman