20150902 TZCA Mbeya 1

The High Court's orders were issued without affording the respondents an opportunity to be heard, violating Article 13(6)(a) of the Constitution and undermining the entire decision; therefore, the orders must be set aside.

Citation: 20150902 TZCA Mbeya 1
Parties: Applicant: GAPCO Tanzania Ltd.; Respondent: Rungwe District Council; Respondent: MEK One Industry Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 September 2015
Procedural Posture: Civil Revision / Appellate Review of High Court Interim Orders
Outcome: Orders set aside; matter remitted for rehearing before another judge.
Legal Topics: Interim Orders, Status Quo, Right to Be Heard, Contempt of Court
Source Language: English

Civil Procedure Land Law Constitutional Law Interim Orders Status Quo Right to Be Heard Contempt of Court

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Parties

GAPCO Tanzania Ltd.

Applicant

Rungwe District Council

Respondent

MEK One Industry Limited

Respondent

Procedural Posture

Civil Revision / Appellate Review of High Court Interim Orders

Legal Issues

1 Whether the High Court's interim orders were issued in breach of the right to be heard
2 Whether the respondents were condemned unheard
3 Whether the trial judge exceeded the scope of the application

Ratio Decidendi

Court Disposition

Orders set aside; matter remitted for rehearing before another judge.

Orders

The two orders dated 8th October 2013 and 17th December 2014 are set aside.
The record is remitted back to the trial court to be placed and heard by another judge of competent jurisdiction.