ms flycatcher safaris ltd hon minister for lands human settlements developments another 2021 tzca 546 30 september 2021

ms flycatcher safaris ltd hon minister for lands human settlements developments another 2021 tzca 546 30 september 2021

Failure to accord parties the right to be heard on the propriety of the power of attorney was a fatal anomaly that vitiated the proceedings and ruling; procedural irregularity regarding judge succession was cured by overriding objective principle as no prejudice was shown.

Citation
ms flycatcher safaris ltd hon minister for lands human settlements developments another 2021 tzca 546 30 september 2021
Parties
Appellant: M/S Flycatcher Safaris Ltd; 1st Respondent: Hon. Minister for Lands and Human Settlements Development; 2nd Respondent: Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Judicial Review, Natural Justice, Succession of Judges, Powers of Attorney, Revocation of Title
Source Language
English
Civil Procedure Land Law Administrative Law Judicial Review Natural Justice Succession of Judges Powers of Attorney Revocation of Title

Case Brief

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Parties

M/S Flycatcher Safaris Ltd

Appellant

Hon. Minister for Lands and Human Settlements Development

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether failure by successor judge to record reasons for takeover vitiated proceedings
  2. 2 Whether the High Court erred by raising and deciding the issue of power of attorney suo motu without hearing parties
  3. 3 Whether service of notice to show cause on company director in private capacity constituted service on the company

Ratio Decidendi

Failure to accord parties the right to be heard on the propriety of the power of attorney was a fatal anomaly that vitiated the proceedings and ruling; procedural irregularity regarding judge succession was cured by overriding objective principle as no prejudice was shown.

Court Disposition

appeal allowed

Orders

  • proceedings, ruling, and drawn order of High Court nullified, quashed, and set aside
  • case remitted to High Court for hearing before another judge