hellen philip njau vs dismas joachim mariwa another 2023 tzhclandd 17270 15 december 2023
The applicant was denied the right to be heard in Application No. 117 of 2023, which renders the proceedings and consent decree a nullity; the applicant should have been joined to defend her interests in the suit property.
- Citation
- hellen philip njau vs dismas joachim mariwa another 2023 tzhclandd 17270 15 december 2023
- Parties
- Applicant: Hellen Philip Njau; 1st Respondent: Dismas Joachim Mariwa; 2nd Respondent: City Link Pentagon Hotel Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2023
- Procedural Posture
- Land Revision / Ruling
- Outcome
- Application allowed
- Legal Topics
- Revision of Tribunal Proceedings, Consent Decree, Right to Be Heard, Collusion and Fraud, Division of Matrimonial Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hellen Philip Njau
Applicant
Dismas Joachim Mariwa
1st Respondent
City Link Pentagon Hotel Limited
2nd Respondent
Procedural Posture
Land Revision / Ruling
Legal Issues
- 1 Whether the applicant was denied the right to be heard in Application No. 117 of 2023
- 2 Whether the consent decree was procured by collusion and fraud
Ratio Decidendi
The applicant was denied the right to be heard in Application No. 117 of 2023, which renders the proceedings and consent decree a nullity; the applicant should have been joined to defend her interests in the suit property.
Court Disposition
Application allowed
Orders
- Proceedings and consent Judgment/Decree in Application No. 117 of 2023 are quashed.
- File remitted to the trial Tribunal for re-trial to join Hellen Philip Njau.
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