simon hamisi sanga vs stephen mafimbo madway another 2019 tzca 451 5 november 2019

simon hamisi sanga vs stephen mafimbo madway another 2019 tzca 451 5 november 2019

The High Court's decision was illegal as it condemned the applicant unheard, violating the principle of audi alteram partem and failing to comply with the Court of Appeal's order to investigate ownership between the applicant and first respondent.

Citation
simon hamisi sanga vs stephen mafimbo madway another 2019 tzca 451 5 november 2019
Parties
Applicant: Simon Hamisi Sanga; 1st Respondent: Stephen Mafimro Madwary; 2nd Respondent: Udugu Hamidu Mgeni
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 November 2019
Procedural Posture
Civil Application for Revision / Ruling
Outcome
Application allowed; High Court proceedings and ruling nullified.
Legal Topics
Revision, Right to Be Heard, Ownership Dispute, Condemnation Unheard
Source Language
English
Civil Procedure Property Law Revision Right to Be Heard Ownership Dispute Condemnation Unheard

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Parties

Simon Hamisi Sanga

Applicant

Stephen Mafimro Madwary

1st Respondent

Udugu Hamidu Mgeni

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling

Legal Issues

  1. 1 Whether the High Court's decision condemning the applicant unheard was illegal
  2. 2 Whether the High Court complied with the Court of Appeal's order to investigate ownership between the applicant and first respondent

Ratio Decidendi

The High Court's decision was illegal as it condemned the applicant unheard, violating the principle of audi alteram partem and failing to comply with the Court of Appeal's order to investigate ownership between the applicant and first respondent.

Court Disposition

Application allowed; High Court proceedings and ruling nullified.

Orders

  • Proceedings and ruling of the High Court in Miscellaneous Civil Application No. 107 of 2016 are nullified.
  • High Court is directed to comply with the Court of Appeal's order to investigate the sale of the suit property to both the applicant and first respondent and give appropriate orders.