doris martin minja vs diamond trust bank tanzania ltd 2021 tzhc 7407 29 november 2021

doris martin minja vs diamond trust bank tanzania ltd 2021 tzhc 7407 29 november 2021

The District Land and Housing Tribunal violated the appellant's right to be heard by determining the preliminary objection and dismissing the application as res judicata without affording the appellant and her advocate an opportunity to address the issue. This breach of natural justice renders the tribunal's decision null and void.

Citation
doris martin minja vs diamond trust bank tanzania ltd 2021 tzhc 7407 29 november 2021
Parties
Appellant: Doris Martin Minja; 1st Respondent: Diamond Trust Bank Tanzania Ltd; 2nd Respondent: Kahela Traders Limited; 3rd Respondent: Alex Yakobo Kahela; 4th Respondent: Asteria Sugwejo Kahela; 5th Respondent: Dahlgree Gasper (as administrator of the Estate of the late Gasper John Minja); 6th Respondent: First World Investment Court Brokers
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2021
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Right to Be Heard, Natural Justice, Res Judicata, Matrimonial Property, Injunction, Abuse of Court Process
Source Language
English
Land Law Civil Procedure Constitutional Law Right to Be Heard Natural Justice Res Judicata Matrimonial Property Injunction +1 more

Case Brief

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Parties

Doris Martin Minja

Appellant

Diamond Trust Bank Tanzania Ltd

1st Respondent

Kahela Traders Limited

2nd Respondent

Alex Yakobo Kahela

3rd Respondent

Asteria Sugwejo Kahela

4th Respondent

Dahlgree Gasper (as administrator of the Estate of the late Gasper John Minja)

5th Respondent

First World Investment Court Brokers

6th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard before the District Land and Housing Tribunal
  2. 2 Whether the dismissal of the application as res judicata was proper without hearing the parties

Ratio Decidendi

The District Land and Housing Tribunal violated the appellant's right to be heard by determining the preliminary objection and dismissing the application as res judicata without affording the appellant and her advocate an opportunity to address the issue. This breach of natural justice renders the tribunal's decision null and void.

Court Disposition

Appeal allowed

Orders

  • Ruling of the District Land and Housing Tribunal in Application No. 212 of 2019 is nullified.
  • DLHT file to be remitted back for hearing before another competent chairperson.