transpaper t limited vs markerz limited 2022 tzhc 15453 13 december 2022

transpaper t limited vs markerz limited 2022 tzhc 15453 13 december 2022

The trial court failed to properly frame issues and did not accord parties the right to be heard on the issues determined, resulting in prejudice and rendering the proceedings and judgment a nullity.

Source-derived case information.

Citation
transpaper t limited vs markerz limited 2022 tzhc 15453 13 december 2022
Parties
Appellant: Transpaper (T) Ltd; Respondent: Markerz Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Framing of Issues, Breach of Contract, Right to Be Heard, Nullity of Proceedings
Source Language
english
Civil Procedure Contract Law Framing of Issues Breach of Contract Right to Be Heard Nullity of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Transpaper (T) Ltd

Appellant

Markerz Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court properly framed issues for determination
  2. 2 Whether parties were heard on the issues determined by the trial court
  3. 3 Whether the trial court's judgment was based on issues not placed on record

Ratio Decidendi

The trial court failed to properly frame issues and did not accord parties the right to be heard on the issues determined, resulting in prejudice and rendering the proceedings and judgment a nullity.

Court Disposition

appeal allowed

Orders

  • judgment and proceedings of the trial court quashed from the stage of framing the second set of issues
  • decree of the trial court set aside