20081121 TZHC DODOMA

20081121 TZHC DODOMA

The ex parte judgment was unlawful as it was delivered without compliance with procedural requirements and in violation of the respondent's right to be heard; thus, it must be set aside and the matter heard interpartes.

Citation
20081121 TZHC DODOMA
Parties
Appellant: Selemani Ayosi; Respondent: Julius Chacha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2008
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Ex Parte Judgment, Natural Justice, Procedural Irregularity, Right to Be Heard
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Natural Justice Procedural Irregularity Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

Selemani Ayosi

Appellant

Julius Chacha

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the ex parte judgment delivered by the District Land and Housing Tribunal was lawful
  2. 2 Whether the respondent was denied the right to be heard
  3. 3 Whether the tribunal's order for interparte hearing was proper

Ratio Decidendi

The ex parte judgment was unlawful as it was delivered without compliance with procedural requirements and in violation of the respondent's right to be heard; thus, it must be set aside and the matter heard interpartes.

Court Disposition

Appeal dismissed with costs

Orders

  • Ruling of the tribunal in Misc. Application No. 3/2008 is upheld
  • Ex parte judgment in Application No. 14/2007 is set aside