ufunuo israel and 3 other vs isdory tave and another 2022 tzhc 15700 19 december 2022

ufunuo israel and 3 other vs isdory tave and another 2022 tzhc 15700 19 december 2022

The trial Tribunal's act of raising a new issue suo motu and determining the suit without affording the parties the right to be heard was a serious irregularity, rendering the proceedings and judgment a nullity.

Citation
ufunuo israel and 3 other vs isdory tave and another 2022 tzhc 15700 19 december 2022
Parties
Appellant: Ufuno Israel; Appellant: Idrisa Abdul Mbonde; Appellant: Mohammed Ibrahim; Appellant: Mateso Siaga; Respondent: Isdory Tave; Respondent: Athumani Said Bakari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2022
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed. Proceedings and judgment of the trial Tribunal quashed and set aside. Decree and any order emanating therefrom set aside. Each party to bear its own costs.
Legal Topics
Right to Be Heard, Suo Motu Issues, Nullification of Proceedings, Joinder of Parties
Source Language
English
Land Law Civil Procedure Right to Be Heard Suo Motu Issues Nullification of Proceedings Joinder of Parties

Case Brief

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Parties

Ufuno Israel

Appellant

Idrisa Abdul Mbonde

Appellant

Mohammed Ibrahim

Appellant

Mateso Siaga

Appellant

Isdory Tave

Respondent

Athumani Said Bakari

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the trial Tribunal erred by raising an issue suo motu and denying parties the right to be heard
  2. 2 Whether the proceedings and judgment of the trial Tribunal are a nullity due to violation of the right to be heard

Ratio Decidendi

The trial Tribunal's act of raising a new issue suo motu and determining the suit without affording the parties the right to be heard was a serious irregularity, rendering the proceedings and judgment a nullity.

Court Disposition

Appeal allowed. Proceedings and judgment of the trial Tribunal quashed and set aside. Decree and any order emanating therefrom set aside. Each party to bear its own costs.

Orders

  • Proceedings of the trial Tribunal quashed
  • Judgment and Decree of the trial Tribunal set aside