methew leonard and matola abdallah selemani vs thabit abdallah thabit 2023 tzhc 17080 5 may 2023
The Trial Tribunal erred by closing the appellants' evidence without affording the 2nd Appellant an opportunity to testify and without proceeding ex parte; both appellants' right to be heard was curtailed, violating principles of natural justice.
- Citation
- methew leonard and matola abdallah selemani vs thabit abdallah thabit 2023 tzhc 17080 5 may 2023
- Parties
- Appellant: Methew Leonard; Appellant: Matola Abdallah Selemani; Respondent: Thabit Abdallah Thabit
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 May 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Right to Be Heard, Natural Justice, Fair Trial, Ex Parte Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Methew Leonard
Appellant
Matola Abdallah Selemani
Appellant
Thabit Abdallah Thabit
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellants were accorded the right to be heard before the District Land and Housing Tribunal
Ratio Decidendi
The Trial Tribunal erred by closing the appellants' evidence without affording the 2nd Appellant an opportunity to testify and without proceeding ex parte; both appellants' right to be heard was curtailed, violating principles of natural justice.
Court Disposition
appeal allowed
Orders
- Judgment of the District Land and Housing Tribunal in Land Application No. 05 of 2018 set aside.
- Case records remitted to the District Land and Housing Tribunal for continuation of hearing of appellants' evidence.
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