htt infraco ltd v francis francis 2 others 2024 tzhc 308 13 february 2024

htt infraco ltd v francis francis 2 others 2024 tzhc 308 13 february 2024

The deed of settlement was unlawful and unenforceable as the applicant and 3rd respondent did not participate in its negotiation or signing, and their right to be heard was violated. The tribunal's proceedings and orders were tainted by procedural irregularities, including failure to vacate an ex parte order and improper change of presiding officers without reasons.

Citation
htt infraco ltd v francis francis 2 others 2024 tzhc 308 13 february 2024
Parties
Applicant: HTT Infraco Ltd; 1st Respondent: Francis Francis; 2nd Respondent: Hassan Kulwa Makinya; 3rd Respondent: MICTanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 February 2024
Procedural Posture
Miscellaneous Land Application (revision) / Ruling on Application for Revision
Outcome
Application allowed. Proceedings and order of the tribunal set aside. Case remitted for hearing on merit. No order as to costs.
Legal Topics
Deed of Settlement, Right to Be Heard, Natural Justice, Tribunal Procedure, Nullification of Proceedings
Source Language
English
Land Law Civil Procedure Deed of Settlement Right to Be Heard Natural Justice Tribunal Procedure Nullification of Proceedings

Case Brief

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Parties

HTT Infraco Ltd

Applicant

Francis Francis

1st Respondent

Hassan Kulwa Makinya

2nd Respondent

MICTanzania Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Application (revision) / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the deed of settlement recorded by the tribunal was lawful and enforceable
  2. 2 Whether the applicant and 3rd respondent were denied the right to be heard
  3. 3 Whether the tribunal's proceedings and orders were tainted by procedural irregularities

Ratio Decidendi

The deed of settlement was unlawful and unenforceable as the applicant and 3rd respondent did not participate in its negotiation or signing, and their right to be heard was violated. The tribunal's proceedings and orders were tainted by procedural irregularities, including failure to vacate an ex parte order and improper change of presiding officers without reasons.

Court Disposition

Application allowed. Proceedings and order of the tribunal set aside. Case remitted for hearing on merit. No order as to costs.

Orders

  • Proceedings of the trial tribunal leading to the deed of settlement are nullified.
  • Tribunal's order marking the dispute settled out of court is set aside.