CIVIL APPLICATION NO 53 01 OF 2020 KASTAN MINIG PLC VERSUS TANZANIA MORTGAGE COMPANY LIMITED t a MORTAGE ANOTHER

CIVIL APPLICATION NO 53 01 OF 2020 KASTAN MINIG PLC VERSUS TANZANIA MORTGAGE COMPANY LIMITED t a MORTAGE ANOTHER

Failure by the High Court Judge to afford parties the right to be heard on issues raised suo motu rendered the proceedings and ruling a nullity, violating principles of natural justice.

Citation
CIVIL APPLICATION NO 53 01 OF 2020 KASTAN MINIG PLC VERSUS TANZANIA MORTGAGE COMPANY LIMITED t a MORTAGE ANOTHER
Parties
Applicant: Kastan Mining PLC; 1st Respondent: Tanzania Mortgage Company Limited t/a T-Mortgage; 2nd Respondent: Kaisi Kalambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Civil Application for Revision / Court of Appeal Ruling
Outcome
Application allowed
Legal Topics
Right to Be Heard, Suo Motu Determination, Res Judicata, Jurisdiction, Misjoinder of Parties
Source Language
English
Civil Procedure Natural Justice Right to Be Heard Suo Motu Determination Res Judicata Jurisdiction Misjoinder of Parties

Case Brief

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Parties

Kastan Mining PLC

Applicant

Tanzania Mortgage Company Limited t/a T-Mortgage

1st Respondent

Kaisi Kalambo

2nd Respondent

Procedural Posture

Civil Application for Revision / Court of Appeal Ruling

Legal Issues

  1. 1 Whether the High Court Judge determined issues suo motu without affording parties the right to be heard
  2. 2 Whether failure to afford the right to be heard vitiates the proceedings
  3. 3 Whether the High Court had jurisdiction to determine allegations of fraud

Ratio Decidendi

Failure by the High Court Judge to afford parties the right to be heard on issues raised suo motu rendered the proceedings and ruling a nullity, violating principles of natural justice.

Court Disposition

Application allowed

Orders

  • Proceedings and ruling of the High Court quashed
  • Orders arising from the High Court set aside