james ogudu ruling 0001

james ogudu ruling 0001

The tribunal chairman's formulation of new issues without consulting parties was a material procedural error, breaching statutory regulations and causing injustice; proceedings and judgment from 27th July 2022 to 31st May 2024 are nullified.

Citation
james ogudu ruling 0001
Parties
Appellant: James Ogudu; Appellant: Sylivester Kapisi; Appellant: Joseph Koroso; Appellant: Zakaria Ouna; Appellant: Nyamhanga Kyangwi; Appellant: Noah Ouna; Appellant: Nyambuge Kombo; Appellant: Buhari Koroso; Appellant: Samwel Aloyce; Respondent: M/S Wegero Enterprises Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 July 2019
Procedural Posture
Land Appeal / Ruling on Procedural Irregularity
Outcome
proceedings and judgment from 27th July 2022 to 31st May 2024 nullified; case remitted to tribunal to proceed from 2nd June 2022; no order as to costs
Legal Topics
Formulation of Issues, Procedural Fairness, Nullification of Proceedings
Source Language
English
Land Law Civil Procedure Formulation of Issues Procedural Fairness Nullification of Proceedings

Case Brief

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Parties

James Ogudu

Appellant

Sylivester Kapisi

Appellant

Joseph Koroso

Appellant

Zakaria Ouna

Appellant

Nyamhanga Kyangwi

Appellant

Noah Ouna

Appellant

Nyambuge Kombo

Appellant

Buhari Koroso

Appellant

Samwel Aloyce

Appellant

M/S Wegero Enterprises Ltd

Respondent

Procedural Posture

Land Appeal / Ruling on Procedural Irregularity

Legal Issues

  1. 1 Whether the tribunal chairman erred in formulating new issues suo moto without consulting parties
  2. 2 Whether the proceedings and judgment from 27th July 2022 to 31st May 2024 should be nullified

Ratio Decidendi

The tribunal chairman's formulation of new issues without consulting parties was a material procedural error, breaching statutory regulations and causing injustice; proceedings and judgment from 27th July 2022 to 31st May 2024 are nullified.

Court Disposition

proceedings and judgment from 27th July 2022 to 31st May 2024 nullified; case remitted to tribunal to proceed from 2nd June 2022; no order as to costs

Orders

  • Proceedings from 27th July 2022 to 31st May 2024 nullified
  • Judgment and decree set aside