Jonas samson Ruling

Jonas samson Ruling

The so-called deed of settlement did not meet legal requirements as it was not filed, registered, or clear in its terms, and parties' involvement was not properly recorded; thus, the consent judgment was illegally procured and the right to be heard was infringed.

Citation
Jonas samson Ruling
Parties
Appellant: Jonas Samson Ndawavya; First Respondent: Rukia Amir Maftah (Administrator of the Estate of Sheick Amiri Maftah); Second Respondent: Mbwana Ali Mzenga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Consent Judgment, Right to Be Heard, Deed of Settlement, Procedural Irregularity
Source Language
English
Land Law Civil Procedure Consent Judgment Right to Be Heard Deed of Settlement Procedural Irregularity

Case Brief

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Parties

Jonas Samson Ndawavya

Appellant

Rukia Amir Maftah (Administrator of the Estate of Sheick Amiri Maftah)

First Respondent

Mbwana Ali Mzenga

Second Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard
  2. 2 Whether the consent judgment/order was procured illegally

Ratio Decidendi

The so-called deed of settlement did not meet legal requirements as it was not filed, registered, or clear in its terms, and parties' involvement was not properly recorded; thus, the consent judgment was illegally procured and the right to be heard was infringed.

Court Disposition

Appeal allowed

Orders

  • Trial tribunal's proceedings and orders quashed and set aside
  • Retrial ordered before another Chairperson