sabato katondo vs inspecter general of plice another 2015 tzca 570 30 november 2015

The trial judge's failure to hear the parties on the issue of exhaustion of remedies before dismissing the suit constituted a denial of natural justice, rendering the judgment a nullity.

Citation: sabato katondo vs inspecter general of plice another 2015 tzca 570 30 november 2015
Parties: Appellant: Ex-C. 6070 D/CPL Sabato Katondo; 1st Respondent: The Inspector General of Police; 2nd Respondent: The Attorney General
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 November 2015
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: appeal allowed; High Court judgment quashed and set aside; matter remitted for hearing; no order as to costs
Legal Topics: Right to Be Heard, Natural Justice, Exhaustion of Remedies, Dismissal of Suit, Res Judicata
Source Language: English

Civil Procedure Employment Law Administrative Law Right to Be Heard Natural Justice Exhaustion of Remedies Dismissal of Suit Res Judicata

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Parties

Ex-C. 6070 D/CPL Sabato Katondo

Appellant

The Inspector General of Police

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the trial judge erred in dismissing the suit without determining its merits and without hearing the parties on the issue of exhaustion of remedies

Ratio Decidendi

The trial judge's failure to hear the parties on the issue of exhaustion of remedies before dismissing the suit constituted a denial of natural justice, rendering the judgment a nullity.

Court Disposition

appeal allowed; High Court judgment quashed and set aside; matter remitted for hearing; no order as to costs

Orders

Impugned High Court judgment quashed and set aside
High Court to re-summon parties and hear them on the issue of exhaustion of remedies