imelda laurent vs hashimu juma idebe and another 2021 tzhc 9236 15 december 2021

The applicant was denied the right to be heard as there was no evidence of proper service of summons, constituting a breach of natural justice and justifying nullification of proceedings and remittal for retrial.

Citation: imelda laurent vs hashimu juma idebe and another 2021 tzhc 9236 15 december 2021
Parties: Applicant: Imelda Laurent; 1st Respondent: Hashim Jute Tdebe; 2nd Respondent: Patrice Mushi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 December 2021
Procedural Posture: Land Revision Application / Judgment
Outcome: Proceedings and orders of the Trial tribunal nullified; matter remitted for fresh determination by a different chairperson; no order as to costs.
Legal Topics: Revision, Right to Be Heard, Natural Justice, Remittal for Retrial
Source Language: English

Land Law Civil Procedure Revision Right to Be Heard Natural Justice Remittal for Retrial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2

Parties

Imelda Laurent

Applicant

Hashim Jute Tdebe

1st Respondent

Patrice Mushi

2nd Respondent

Procedural Posture

Land Revision Application / Judgment

Legal Issues

1 Whether the applicant was denied the right to be heard by the District Land and Housing Tribunal
2 Whether the High Court was properly moved to exercise revisional jurisdiction
3 Whether remittal for retrial is justified

Ratio Decidendi

Court Disposition

Proceedings and orders of the Trial tribunal nullified; matter remitted for fresh determination by a different chairperson; no order as to costs.

Orders

Proceedings and orders of the Trial tribunal nullified.
Matter remitted to the Trial tribunal for fresh determination by a different chairperson.