elizabeth mpoki others vs maf europe dodoma 2020 tzca 379 30 july 2020

elizabeth mpoki others vs maf europe dodoma 2020 tzca 379 30 july 2020

The High Court erred by striking out the appeal on a jurisdictional issue raised suo motu without affording the parties an opportunity to be heard; this violated the principles of natural justice and rendered the decision a nullity.

Citation
elizabeth mpoki others vs maf europe dodoma 2020 tzca 379 30 july 2020
Parties
Applicant: Elizabeth Mpoki; Applicant: Noel Masima; Applicant: Daniel Mlacha; Respondent: MAF Europe Dodoma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 July 2020
Procedural Posture
Civil Application for Revision / Court of Appeal Ruling
Outcome
Application allowed; High Court decision quashed and set aside.
Legal Topics
Right to Be Heard, Jurisdiction, Revision of High Court Decisions, Natural Justice
Source Language
English
Employment Law Civil Procedure Appellate Practice Right to Be Heard Jurisdiction Revision of High Court Decisions Natural Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Elizabeth Mpoki

Applicant

Noel Masima

Applicant

Daniel Mlacha

Applicant

MAF Europe Dodoma

Respondent

Procedural Posture

Civil Application for Revision / Court of Appeal Ruling

Legal Issues

  1. 1 Whether the High Court erred by striking out the appeal without hearing the parties on a jurisdictional issue
  2. 2 Whether the right to be heard applies when a court raises a jurisdictional issue suo motu

Ratio Decidendi

The High Court erred by striking out the appeal on a jurisdictional issue raised suo motu without affording the parties an opportunity to be heard; this violated the principles of natural justice and rendered the decision a nullity.

Court Disposition

Application allowed; High Court decision quashed and set aside.

Orders

  • Decision of the High Court in Civil Appeal No. 6 of 2007 striking out the appeal is quashed and set aside.
  • Decision dismissing the application for review is quashed.