magreth sospeter others vs elesi minzani another 2018 tzhc 2717 14 september 2018

magreth sospeter others vs elesi minzani another 2018 tzhc 2717 14 september 2018

The 1st to 3rd Applicants were either present or deliberately refused to appear in the original proceedings and thus were not denied the right to be heard; however, the 4th Applicant (Kokutona Sospeter) was not served or heard, constituting a material irregularity and injustice to her.

Citation
magreth sospeter others vs elesi minzani another 2018 tzhc 2717 14 september 2018
Parties
Applicant: Magreth Sospeter; Applicant: Asiimwe Sospeter; Applicant: Kokutona Sospeter; Applicant: Muhanuzi Sospeter; Respondent: Elesi Minzani; Respondent: Anastidia Sospeter
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2018
Procedural Posture
Miscellaneous Land Case Revision / Ruling on Application for Revision
Outcome
Partly allowed
Legal Topics
Right to Be Heard, Revision Jurisdiction, Service of Process, Execution of Judgments
Source Language
English
Civil Procedure Land Law Right to Be Heard Revision Jurisdiction Service of Process Execution of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Magreth Sospeter

Applicant

Asiimwe Sospeter

Applicant

Kokutona Sospeter

Applicant

Muhanuzi Sospeter

Applicant

Elesi Minzani

Respondent

Anastidia Sospeter

Respondent

Procedural Posture

Miscellaneous Land Case Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the Applicants were denied the right to be heard in the original Ward Tribunal proceedings
  2. 2 Whether the execution orders were based on irregular proceedings

Ratio Decidendi

The 1st to 3rd Applicants were either present or deliberately refused to appear in the original proceedings and thus were not denied the right to be heard; however, the 4th Applicant (Kokutona Sospeter) was not served or heard, constituting a material irregularity and injustice to her.

Court Disposition

Partly allowed

Orders

  • 4th Applicant (Kokutona Sospeter) is allowed to appeal out of time at the District Land and Housing Tribunal within one month from the date of judgment.
  • Execution is stayed pending the lodging of the appeal by the 4th Applicant within the ordered time; otherwise, execution shall proceed.