ivan kodeh others vs sardinius investment limited others 2016 tzca 756 30 march 2016

ivan kodeh others vs sardinius investment limited others 2016 tzca 756 30 march 2016

The High Court erred by issuing orders affecting the 3rd, 4th, 5th, and 6th applicants without affording them a hearing, violating the principle of natural justice. Such breach renders the proceedings and orders null and void. The trial court also failed to comply with procedural requirements for ex parte orders. The orders are quashed and the matter remitted for fresh adjudication before another judge.

Citation
ivan kodeh others vs sardinius investment limited others 2016 tzca 756 30 march 2016
Parties
Applicant: Ivan Kodeh; Applicant: Devamahrez; Applicant: I.D.U. Limited; Applicant: Chrysogonous Investment Ltd; Applicant: Michamvi Golf and Resort Ltd; Applicant: I.T.D. Power Limited; Respondent: Sardinius Investment Limited; Respondent: Arnaud Tual; Respondent: Xavier Despringre; Respondent: Lionel Sonigo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 March 2016
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision of High Court Orders
Outcome
Application allowed
Legal Topics
Right to Be Heard, Ex Parte Orders, Attachment Before Judgment, Interim Injunctions, Jurisdiction of Appellate Court
Source Language
English
Civil Procedure Natural Justice Right to Be Heard Ex Parte Orders Attachment Before Judgment Interim Injunctions Jurisdiction of Appellate Court

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 19 Party arguments 2
Sign in to unlock

Parties

Ivan Kodeh

Applicant

Devamahrez

Applicant

I.D.U. Limited

Applicant

Chrysogonous Investment Ltd

Applicant

Michamvi Golf and Resort Ltd

Applicant

I.T.D. Power Limited

Applicant

Sardinius Investment Limited

Respondent

Arnaud Tual

Respondent

Xavier Despringre

Respondent

Lionel Sonigo

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision of High Court Orders

Legal Issues

  1. 1 Whether the High Court orders were made in violation of the right to be heard for non-parties
  2. 2 Whether ex parte orders for attachment and injunction were lawfully issued
  3. 3 Whether the orders were vague and unenforceable

Ratio Decidendi

The High Court erred by issuing orders affecting the 3rd, 4th, 5th, and 6th applicants without affording them a hearing, violating the principle of natural justice. Such breach renders the proceedings and orders null and void. The trial court also failed to comply with procedural requirements for ex parte orders. The orders are quashed and the matter remitted for fresh adjudication before another judge.

Court Disposition

Application allowed

Orders

  • Proceedings and orders of the High Court of Zanzibar dated 20th and 30th January 2015 are nullified, quashed, and set aside.
  • Matter to be placed before another judge for adjudication.