CIVIL APPEAL NO 388 OF 2022 ABUBAKAR KHALID HAJJI ANOTHER VS ZAMZAM YUSUF MUSHI 2 OTHERS

CIVIL APPEAL NO 388 OF 2022 ABUBAKAR KHALID HAJJI ANOTHER VS ZAMZAM YUSUF MUSHI 2 OTHERS

The review application was not heard and determined by the judge who made the order subject to review, contrary to the mandatory provisions of section 78 and Order XLII rule 5(1) of the Civil Procedure Code. No reasons were provided for this deviation, rendering the review proceedings and resulting orders a procedural nullity.

Citation
CIVIL APPEAL NO 388 OF 2022 ABUBAKAR KHALID HAJJI ANOTHER VS ZAMZAM YUSUF MUSHI 2 OTHERS
Parties
First Appellant: Abubakar Khalid Haji; Second Appellant: Gemaco Auction Mart International Ltd; First Respondent: Zamzam Yusuf Mushi; Second Respondent: Yusuf Hamis Mushi; Third Respondent: Frank Lionel Marialle
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Review of Judgment, Procedural Irregularity, Limitation of Actions, Costs in Civil Litigation
Source Language
English
Civil Procedure Land Law Review of Judgment Procedural Irregularity Limitation of Actions Costs in Civil Litigation

Case Brief

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Parties

Abubakar Khalid Haji

First Appellant

Gemaco Auction Mart International Ltd

Second Appellant

Zamzam Yusuf Mushi

First Respondent

Yusuf Hamis Mushi

Second Respondent

Frank Lionel Marialle

Third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the review application was properly heard and determined by a judge other than the one who made the order under review
  2. 2 Whether the review proceedings and resulting orders were valid

Ratio Decidendi

The review application was not heard and determined by the judge who made the order subject to review, contrary to the mandatory provisions of section 78 and Order XLII rule 5(1) of the Civil Procedure Code. No reasons were provided for this deviation, rendering the review proceedings and resulting orders a procedural nullity.

Court Disposition

appeal allowed

Orders

  • review proceedings nullified
  • decision of the review and subsequent orders set aside