said abdallah doga vs rose fridoline mwapinga another 2023 tzca 17898 28 november 2023

said abdallah doga vs rose fridoline mwapinga another 2023 tzca 17898 28 november 2023

The High Court judgment by Shaidi, J. was a nullity due to procedural irregularities, including lack of restoration after being struck out, granting reliefs not pleaded or prayed for, and denial of the right to be heard. The only executable decision is that of the District Land and Housing Tribunal (DLHT).

Citation
said abdallah doga vs rose fridoline mwapinga another 2023 tzca 17898 28 november 2023
Parties
Applicant: Said Abdallah Doga; 1st Respondent: Rose Fridoline Mwapinga; 2nd Respondent: Ally Omary Funga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2023
Procedural Posture
Civil Revision / Ruling on Suo Motu Revision by Court of Appeal
Outcome
High Court judgment by Shaidi, J. nullified, quashed and set aside; DLHT decision to be executed; no order as to costs.
Legal Topics
Revision, Jurisdiction, Right to Be Heard, Execution of Judgments, Pleadings and Reliefs
Source Language
English
Civil Procedure Land Law Revision Jurisdiction Right to Be Heard Execution of Judgments Pleadings and Reliefs

Case Brief

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Parties

Said Abdallah Doga

Applicant

Rose Fridoline Mwapinga

1st Respondent

Ally Omary Funga

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Suo Motu Revision by Court of Appeal

Legal Issues

  1. 1 Whether the High Court judgment in PC. Civil Appeal No. 28 of 2002 was valid and regular
  2. 2 Whether reliefs granted exceeded the pleadings and prayers
  3. 3 Whether parties were afforded the right to be heard

Ratio Decidendi

The High Court judgment by Shaidi, J. was a nullity due to procedural irregularities, including lack of restoration after being struck out, granting reliefs not pleaded or prayed for, and denial of the right to be heard. The only executable decision is that of the District Land and Housing Tribunal (DLHT).

Court Disposition

High Court judgment by Shaidi, J. nullified, quashed and set aside; DLHT decision to be executed; no order as to costs.

Orders

  • The purported judgment by Shaidi, J. is nullified, quashed and set aside.
  • The order striking out the appeal on 20th April, 2005 survives.