20181218 TZHC Mwanza2

The trial tribunal erred by failing to consider the application for extension of time and reasons for absence, and by making suo motu ex-parte orders without proof of service, resulting in irregular and unfair proceedings that must be quashed and set aside.

Citation: 20181218 TZHC Mwanza2
Parties: Appellant: Marwa Chacha Mrimi; Respondent: Chacha Mahando
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 December 2018
Procedural Posture: Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal allowed with costs
Legal Topics: Extension of Time, Setting Aside Ex Parte Judgment, Service of Process, Tribunal Procedure, Natural Justice
Source Language: English

Land Law Civil Procedure Extension of Time Setting Aside Ex Parte Judgment Service of Process Tribunal Procedure Natural Justice

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Parties

Marwa Chacha Mrimi

Appellant

Chacha Mahando

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the trial tribunal erred by not considering the application for extension of time to set aside ex-parte judgment
2 Whether the tribunal failed to consider reasons for the appellant's absence during hearing
3 Whether the tribunal's suo motu orders and lack of service rendered proceedings irregular

Ratio Decidendi

Court Disposition

Appeal allowed with costs

Orders

Ruling and extract order of the trial tribunal dated 27th June 2017 quashed and set aside
Proceedings of the trial tribunal declared a nullity and quashed