RISE INTERPRISES CO
The trial tribunal chairman's failure to hear parties and improper composition of the rejection order constituted fatal procedural irregularity, denying the appellant the right to be heard and nullifying the tribunal's order.
Source-derived case information.
- Citation
- RISE INTERPRISES CO
- Parties
- Appellant: Rise Enterprises Co. Ltd; 1st Respondent: Julius Lyatuu; 2nd Respondent: Mjangu Mhoja; 3rd Respondent: Ebsoni Esrom Makanika; 4th Respondent: Mkasiwa Auction Mart and Court Broker
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1973
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Right to Be Heard, Jurisdiction, Abuse of Court Process, Procedural Irregularity
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rise Enterprises Co. Ltd
Appellant
Julius Lyatuu
1st Respondent
Mjangu Mhoja
2nd Respondent
Ebsoni Esrom Makanika
3rd Respondent
Mkasiwa Auction Mart and Court Broker
4th Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the trial tribunal chairman erred by rejecting the application without hearing parties
- 2 Whether the rejection order was legally appropriate
- 3 Whether the chairman had jurisdiction
Ratio Decidendi
The trial tribunal chairman's failure to hear parties and improper composition of the rejection order constituted fatal procedural irregularity, denying the appellant the right to be heard and nullifying the tribunal's order.
Court Disposition
appeal allowed
Orders
- Order of the trial tribunal in Application No. 48 of 2024 is nullified and quashed.
- Parties may file afresh in a competent court.
Full Case Text
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