20190726 TZHC Dar es Salaam

20190726 TZHC Dar es Salaam

The appellants were denied the right to be heard on their preliminary objection regarding jurisdiction, and the trial court's failure to address this issue invalidated the proceedings and judgment.

Citation
20190726 TZHC Dar es Salaam
Parties
Appellant: Haji Mashauri Sarumbo; Appellant: Abubakar Zuberi; Respondent: Hussein Alli Hemed
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 2019
Procedural Posture
Civil Appeal / Ruling on Appeal
Outcome
appeal allowed to the extent explained
Legal Topics
Right to Be Heard, Preliminary Objection, Jurisdiction
Source Language
English
Civil Procedure Right to Be Heard Preliminary Objection Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Haji Mashauri Sarumbo

Appellant

Abubakar Zuberi

Appellant

Hussein Alli Hemed

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

  1. 1 Whether the appellants were denied the right to be heard on their preliminary objection regarding jurisdiction
  2. 2 Whether the trial court erred by not determining the preliminary objection

Ratio Decidendi

The appellants were denied the right to be heard on their preliminary objection regarding jurisdiction, and the trial court's failure to address this issue invalidated the proceedings and judgment.

Court Disposition

appeal allowed to the extent explained

Orders

  • Proceedings and judgment of the trial court are nullified
  • Trial court to hear the case afresh starting with the preliminary objection