NSHOMA HAMADI

NSHOMA HAMADI

The proceedings and ex parte judgment of the trial tribunal are nullified due to failure to join Shinyanga Municipal Council as a necessary party and denial of the applicants' right to be heard, violating principles of natural justice.

Citation
NSHOMA HAMADI
Parties
1st Applicant: Nshoma Hamadi; 2nd Applicant: Haruna Hamadi; Respondent: Robert Ng’welo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 September 2021
Procedural Posture
Land Revision / Judgment
Outcome
Application allowed; proceedings and ex parte judgment set aside.
Legal Topics
Revision of Ex Parte Judgment, Joinder of Necessary Parties, Right to Be Heard, Natural Justice
Source Language
English
Land Law Civil Procedure Revision of Ex Parte Judgment Joinder of Necessary Parties Right to Be Heard Natural Justice

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Parties

Nshoma Hamadi

1st Applicant

Haruna Hamadi

2nd Applicant

Robert Ng’welo

Respondent

Procedural Posture

Land Revision / Judgment

Legal Issues

  1. 1 Whether the trial tribunal erred by not joining Shinyanga Municipal Council as a necessary party
  2. 2 Whether applicants were denied the right to be heard
  3. 3 Whether the ex parte judgment was delivered against the law

Ratio Decidendi

The proceedings and ex parte judgment of the trial tribunal are nullified due to failure to join Shinyanga Municipal Council as a necessary party and denial of the applicants' right to be heard, violating principles of natural justice.

Court Disposition

Application allowed; proceedings and ex parte judgment set aside.

Orders

  • Entire proceedings and ex parte judgment in Application No. 39 of 2019 are nullified and set aside.
  • Parties may institute a fresh suit in a competent court.