rashid salim muhammad vs yusufu tuwati manyaro and another 2020 tzhclandd 74 30 april 2020

rashid salim muhammad vs yusufu tuwati manyaro and another 2020 tzhclandd 74 30 april 2020

The trial tribunal fatally erred by raising and determining the admissibility of the appellant's sale agreement without affording the appellant a right to be heard, thereby violating the right to a fair hearing and vitiating the proceedings and judgment.

Citation
rashid salim muhammad vs yusufu tuwati manyaro and another 2020 tzhclandd 74 30 april 2020
Parties
Appellant: Rashid Salim Muhammad; 1st Respondent: Yusufu Tuwati Manyaro; 2nd Respondent: Said A. Sobo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 April 2020
Procedural Posture
Land Appeal / Ruling on Appeal
Outcome
appeal allowed
Legal Topics
Right to Be Heard, Admissibility of Evidence, Stamp Duty, Retrial, Ownership Dispute
Source Language
English
Land Law Civil Procedure Right to Be Heard Admissibility of Evidence Stamp Duty Retrial Ownership Dispute

Case Brief

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Parties

Rashid Salim Muhammad

Appellant

Yusufu Tuwati Manyaro

1st Respondent

Said A. Sobo

2nd Respondent

Procedural Posture

Land Appeal / Ruling on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred by raising and determining the admissibility of the sale agreement (exhibit PI) without affording the appellant a right to be heard
  2. 2 Whether the omission to hear the appellant on the admissibility of his key evidence vitiated the proceedings and judgment

Ratio Decidendi

The trial tribunal fatally erred by raising and determining the admissibility of the appellant's sale agreement without affording the appellant a right to be heard, thereby violating the right to a fair hearing and vitiating the proceedings and judgment.

Court Disposition

appeal allowed

Orders

  • Judgment of the trial tribunal set aside
  • Proceedings of the trial tribunal quashed