mayuyas enterprises limited vs kascco mining limited 2021 tzhc 7343 25 november 2021
The eviction order was improper due to violation of natural justice and premature exparte proceedings; DLHT should not have entertained exparte proceedings absent urgency or perishable subject matter.
- Citation
- mayuyas enterprises limited vs kascco mining limited 2021 tzhc 7343 25 november 2021
- Parties
- Applicant: Mayuya's Enterprises Limited; Respondent: Kascco Mining Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2021
- Procedural Posture
- Land Revision / Exparte Ruling
- Outcome
- Impugned proceedings nullified and exparte orders set aside
- Legal Topics
- Eviction, Natural Justice, Exparte Orders, Filing Fees, Sanctity of Contract
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mayuya's Enterprises Limited
Applicant
Kascco Mining Limited
Respondent
Procedural Posture
Land Revision / Exparte Ruling
Legal Issues
- 1 Whether the eviction order of 13/10/2021 was properly made
- 2 Whether principles of natural justice were violated
- 3 Whether exparte orders were justified under the circumstances
Ratio Decidendi
The eviction order was improper due to violation of natural justice and premature exparte proceedings; DLHT should not have entertained exparte proceedings absent urgency or perishable subject matter.
Court Disposition
Impugned proceedings nullified and exparte orders set aside
Orders
- Records remitted to DLHT for hearing before another chair with new assessors
- Respondent condemned for costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment