civil decision 2024 JUMA RAMADHANI VS SHABAN RAMADHAN

civil decision 2024 JUMA RAMADHANI VS SHABAN RAMADHAN

The trial tribunal erred in expunging affidavit paragraphs without substantiation and in failing to consider all supporting affidavits, thereby violating the right to be heard. The preliminary objection regarding statutory amendment was misconceived as the amendment did not affect pending or accrued appeals.

Citation
civil decision 2024 JUMA RAMADHANI VS SHABAN RAMADHAN
Parties
Appellant: Juma Ramadhani; Respondent: Shabani Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Appeal / First Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objections, Restoration of Dismissed Appeal, Right to Be Heard
Source Language
English
Land Law Civil Procedure Extension of Time Affidavit Defects Preliminary Objections Restoration of Dismissed Appeal Right to Be Heard

Case Brief

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Parties

Juma Ramadhani

Appellant

Shabani Ramadhani

Respondent

Procedural Posture

Land Appeal / First Appellate Judgment

Legal Issues

  1. 1 Whether the trial tribunal erred in expunging paragraphs of the appellant's affidavit for allegedly impeaching court records
  2. 2 Whether the trial tribunal erred in striking out the appellant's application without considering supporting affidavits
  3. 3 Whether the application was overtaken by events due to statutory amendments

Ratio Decidendi

The trial tribunal erred in expunging affidavit paragraphs without substantiation and in failing to consider all supporting affidavits, thereby violating the right to be heard. The preliminary objection regarding statutory amendment was misconceived as the amendment did not affect pending or accrued appeals.

Court Disposition

Appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal dated 02/04/2024 quashed
  • Appellant’s application no. 435 of 2023 restored