suleiman haroub vs eustad mugyabuso kagaruki 2013 tzhclandd 3 11 february 2013

suleiman haroub vs eustad mugyabuso kagaruki 2013 tzhclandd 3 11 february 2013

The Tribunal committed a material error involving injustice by proceeding to ex parte judgment while an application to set aside the ex parte order was still pending and not heard, warranting the exercise of revisional powers to quash the proceedings and orders.

Citation
suleiman haroub vs eustad mugyabuso kagaruki 2013 tzhclandd 3 11 february 2013
Parties
Applicant: Suleiman Haroub; Respondent: Eustad Mugyabuso Kagaruki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 February 2013
Procedural Posture
Land Revision / Ruling on Application for Revision
Outcome
Application allowed with costs
Legal Topics
Ex Parte Judgment, Revision Jurisdiction, Right to Be Heard, Procedural Fairness
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Revision Jurisdiction Right to Be Heard Procedural Fairness

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Parties

Suleiman Haroub

Applicant

Eustad Mugyabuso Kagaruki

Respondent

Procedural Posture

Land Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred by proceeding to ex parte judgment while an application to set aside the ex parte order was pending
  2. 2 Whether the Tribunal's dismissal of the application to set aside the ex parte judgment was proper

Ratio Decidendi

The Tribunal committed a material error involving injustice by proceeding to ex parte judgment while an application to set aside the ex parte order was still pending and not heard, warranting the exercise of revisional powers to quash the proceedings and orders.

Court Disposition

Application allowed with costs

Orders

  • Proceedings and orders of the District Land and Housing Tribunal (except up to the close of the Respondent's case) quashed and set aside
  • Record remitted to the District Land and Housing Tribunal for continuation of the defence hearing