nassoro jumanne jumanne ally vs kessy ambonisye 2023 tzhc 21587 30 august 2023

The proceedings and judgment of the primary court dated 09/09/2022 were a nullity as they resulted from a time-barred application; district court lacked jurisdiction to entertain appeal from illegal proceedings; parties were not afforded right to be heard on limitation issue.

Citation: nassoro jumanne jumanne ally vs kessy ambonisye 2023 tzhc 21587 30 august 2023
Parties: Appellant: Nassoro Jumanne; Appellant: Jumanne Ally; Respondent: Kessy Ambonisye
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 August 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Exparte Judgment, Limitation of Proceedings, Right to Be Heard, Jurisdiction, Compensation for Destroyed Crops
Source Language: English

Civil Procedure Exparte Judgment Limitation of Proceedings Right to Be Heard Jurisdiction Compensation for Destroyed Crops

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Parties

Nassoro Jumanne

Appellant

Jumanne Ally

Appellant

Kessy Ambonisye

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the district court erred in holding the order setting aside exparte judgment violated the law of limitation
2 Whether the appeal before the district court was incompetent
3 Whether the inter-parte suit before the primary court was time-barred

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Proceedings, judgment and order of primary court dated 09/09/2022 nullified and set aside
Proceedings, ruling and order of district court in Civil Appeal No. 19 of 2022 nullified, quashed and set aside