msafiri itununu vs yamala matandiko 2024 tzhc 874 18 march 2024

msafiri itununu vs yamala matandiko 2024 tzhc 874 18 march 2024

The appellant was not afforded the right to be heard on issues raised suo motu by the tribunal, violating principles of fair hearing and natural justice, thereby vitiating the proceedings and rendering the dismissal order a nullity.

Source-derived case information.

Citation
msafiri itununu vs yamala matandiko 2024 tzhc 874 18 march 2024
Parties
Appellant: Msafiri Itununu; Respondent: Yamala Matandiko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2024
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Right to Be Heard, Locus Standi, Joinder of Parties, Natural Justice
Source Language
english
Land Law Civil Procedure Right to Be Heard Locus Standi Joinder of Parties Natural Justice

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Summary, issues, holding and outcome

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Parties

Msafiri Itununu

Appellant

Yamala Matandiko

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was afforded the right to be heard before dismissal of the application
  2. 2 Whether the appellant had locus standi to claim deceased's property without being administrator
  3. 3 Whether non-joinder of sellers was fatal to the application

Ratio Decidendi

The appellant was not afforded the right to be heard on issues raised suo motu by the tribunal, violating principles of fair hearing and natural justice, thereby vitiating the proceedings and rendering the dismissal order a nullity.

Court Disposition

appeal allowed

Orders

  • Proceedings of District Land and Housing Tribunal for Chato in Land Application No. 40 of 2023 quashed
  • Dismissal order dated 4th January 2024 set aside