ezrom mnyonge vs omary abdallah zahoro another 2022 tzhclandd 12429 7 october 2022

The applicant was denied the right to be heard in the consent judgment, constituting a fundamental breach of natural justice, warranting revision and setting aside of the judgment.

Citation: ezrom mnyonge vs omary abdallah zahoro another 2022 tzhclandd 12429 7 october 2022
Parties: Applicant: Ezrom Mnyonge; 1st Respondent: Omary Abdallah Zahoro; 2nd Respondent: Riziki Philemon
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 7 October 2022
Procedural Posture: Revision / Ruling
Outcome: application allowed
Legal Topics: Right to Be Heard, Natural Justice, Consent Judgment, Procedural Propriety
Source Language: English

Land Law Constitutional Law Right to Be Heard Natural Justice Consent Judgment Procedural Propriety

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Parties

Ezrom Mnyonge

Applicant

Omary Abdallah Zahoro

1st Respondent

Riziki Philemon

2nd Respondent

Procedural Posture

Revision / Ruling

Legal Issues

1 Whether the applicant was denied the right to be heard in the consent judgment
2 Whether the consent judgment was legally valid given the applicant's exclusion

Ratio Decidendi

The applicant was denied the right to be heard in the consent judgment, constituting a fundamental breach of natural justice, warranting revision and setting aside of the judgment.

Court Disposition

application allowed

Orders

Record of the District Land and Housing Tribunal for Kinondoni revised
Consent Judgment set aside