juma nyamhoza vs paul kasika 2020 tzhc 1105 29 may 2020

juma nyamhoza vs paul kasika 2020 tzhc 1105 29 may 2020

The revisional order of the district court is a nullity for violating the fundamental right to be heard, as neither party was given an opportunity to address the court before the order was made.

Source-derived case information.

Citation
juma nyamhoza vs paul kasika 2020 tzhc 1105 29 may 2020
Parties
Appellant: Juma Nyamhoza; Respondent: Paul Kasika
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
revisional order quashed and nullified
Legal Topics
Right to Be Heard, Revisionary Powers, Natural Justice
Source Language
english
Civil Procedure Right to Be Heard Revisionary Powers Natural Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Juma Nyamhoza

Appellant

Paul Kasika

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the district court's revisional order was valid given that parties were not heard
  2. 2 Whether the right to be heard was violated in the revision process

Ratio Decidendi

The revisional order of the district court is a nullity for violating the fundamental right to be heard, as neither party was given an opportunity to address the court before the order was made.

Court Disposition

revisional order quashed and nullified

Orders

  • The revisional order dated 15.10.2018 is quashed and nullified.
  • Any party aggrieved by the primary court decision may appeal to the district court according to law.