20090311 TZCA Dar es Salaam

20090311 TZCA Dar es Salaam

The applicant was never served with Third Party Notice nor given an opportunity to be heard in proceedings that resulted in orders adversely affecting his interests, constituting a violation of natural justice and necessitating revision of the High Court proceedings and orders against him.

Citation
20090311 TZCA Dar es Salaam
Parties
Applicant: Michael Willy Misabo; 1st Respondent: The Receiver & Manager NAPOCO LTD; 2nd Respondent: Barnabas Ndika; 3rd Respondent: Emanuel Papian; 4th Respondent: Ndikumana Gwa Magogwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 March 2009
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application allowed with costs.
Legal Topics
Right to Be Heard, Third Party Notice, Execution of Judgment, Eviction, Revision Jurisdiction
Source Language
English
Civil Procedure Property Law Right to Be Heard Third Party Notice Execution of Judgment Eviction Revision Jurisdiction

Case Brief

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Parties

Michael Willy Misabo

Applicant

The Receiver & Manager NAPOCO LTD

1st Respondent

Barnabas Ndika

2nd Respondent

Emanuel Papian

3rd Respondent

Ndikumana Gwa Magogwa

4th Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard in proceedings affecting his interests
  2. 2 Whether the execution and eviction orders against the applicant were lawful given lack of notice

Ratio Decidendi

The applicant was never served with Third Party Notice nor given an opportunity to be heard in proceedings that resulted in orders adversely affecting his interests, constituting a violation of natural justice and necessitating revision of the High Court proceedings and orders against him.

Court Disposition

Application allowed with costs.

Orders

  • All proceedings and orders pertaining to the applicant, which resulted in his eviction and the demolition of the house, are quashed and set aside.
  • The case against the applicant is to proceed according to law from the stage where the 1st respondent asked for leave to file a Third Party Notice against him (8/10/2001).