mic tanzania ltd vs mayunga saduka and others 2023 tzca 180 11 april 2023

mic tanzania ltd vs mayunga saduka and others 2023 tzca 180 11 april 2023

The High Court judgment was a nullity because the appellant was denied the right to be heard on the issue of limitation, which is a fundamental constitutional right and a breach of natural justice.

Citation
mic tanzania ltd vs mayunga saduka and others 2023 tzca 180 11 april 2023
Parties
Appellant: MIC Tanzania Limited; 1st Respondent: Mayunga Saduka; 2nd Respondent: Margegret Saduka; 3rd Respondent: Mary Saduka; 4th Respondent: Michael Saduka; 5th Respondent: Stephania John
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 April 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal allowed; High Court judgment and decree declared null and void; case remitted to High Court for rehearing before another judge; no order as to costs.
Legal Topics
Right to Be Heard, Natural Justice, Limitation of Actions, Procedural Fairness
Source Language
English
Civil Procedure Land Law Constitutional Law Right to Be Heard Natural Justice Limitation of Actions Procedural Fairness

Case Brief

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Parties

MIC Tanzania Limited

Appellant

Mayunga Saduka

1st Respondent

Margegret Saduka

2nd Respondent

Mary Saduka

3rd Respondent

Michael Saduka

4th Respondent

Stephania John

5th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard on the issue of limitation
  2. 2 Whether the High Court judgment was a nullity for violation of natural justice

Ratio Decidendi

The High Court judgment was a nullity because the appellant was denied the right to be heard on the issue of limitation, which is a fundamental constitutional right and a breach of natural justice.

Court Disposition

Appeal allowed; High Court judgment and decree declared null and void; case remitted to High Court for rehearing before another judge; no order as to costs.

Orders

  • Judgment and decree of the High Court dated 21st September, 2018 quashed and set aside.
  • Case remitted to the High Court to be assigned to another judge to proceed from the proceedings of 25/06/2018.