HARUNA SAMSON NEW

HARUNA SAMSON NEW

The District Court's failure to afford the parties the right to be heard on the issue of time limitation, which it raised suo motu, was a fundamental breach of natural justice, rendering its ruling a nullity.

Citation
HARUNA SAMSON NEW
Parties
Appellant: Haruna Samson; 1st Respondent: Daniel Kibuti; 2nd Respondent: Glory General Suppliers and Consultancy Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Right to Be Heard, Natural Justice, Time Limitation, Suo Motu Decisions
Source Language
English
Criminal Law Procedural Law Right to Be Heard Natural Justice Time Limitation Suo Motu Decisions

Case Brief

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Parties

Haruna Samson

Appellant

Daniel Kibuti

1st Respondent

Glory General Suppliers and Consultancy Co. Ltd

2nd Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Court erred by raising the issue of time limitation suo motu without affording parties the right to be heard
  2. 2 Whether the application for revision was time-barred

Ratio Decidendi

The District Court's failure to afford the parties the right to be heard on the issue of time limitation, which it raised suo motu, was a fundamental breach of natural justice, rendering its ruling a nullity.

Court Disposition

appeal allowed

Orders

  • The ruling of the District Court dated 30th June, 2023 is quashed and set aside as a nullity.
  • The case file is remitted to the District Court for parties to be heard on the issue of time limitation.