margwe error others vs moshi bahalulu 2015 tzca 282 25 february 2015

margwe error others vs moshi bahalulu 2015 tzca 282 25 february 2015

The High Court judgment was a nullity because the judge decided the appeal on an issue of limitation raised suo motu without inviting the parties to address it, violating the appellants' constitutional right to be heard.

Citation
margwe error others vs moshi bahalulu 2015 tzca 282 25 february 2015
Parties
Appellant: Margwe Erro; Appellant: Benjamin Margwe; Appellant: Peter Marwe; Respondent: Moshi Bahalulu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2015
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Right to Be Heard, Natural Justice, Period of Limitation, Appeal Procedure
Source Language
English
Constitutional Law Civil Procedure Land Law Right to Be Heard Natural Justice Period of Limitation Appeal Procedure

Case Brief

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Parties

Margwe Erro

Appellant

Benjamin Margwe

Appellant

Peter Marwe

Appellant

Moshi Bahalulu

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court violated the appellants' right to be heard by deciding the appeal on an issue raised suo motu without inviting parties to address it
  2. 2 Whether the judgment and decree of the High Court are null and void for violation of natural justice

Ratio Decidendi

The High Court judgment was a nullity because the judge decided the appeal on an issue of limitation raised suo motu without inviting the parties to address it, violating the appellants' constitutional right to be heard.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the High Court dated 11th October 2013 declared null and void.
  • Judgment and decree quashed and set aside.