victoria real estate development lt vs tanzania investment bank and others 2020 tzhccomd 2035 2 september 2020

victoria real estate development lt vs tanzania investment bank and others 2020 tzhccomd 2035 2 september 2020

The applicant, as the recognized owner of the suit property and a party whose rights are directly affected by the review proceedings, must be joined to afford her the constitutional right to be heard. The right to be heard under Article 13(6)(a) and the court's inherent powers under section 95 of the CPC override...

Source-derived case information.

Citation
victoria real estate development lt vs tanzania investment bank and others 2020 tzhccomd 2035 2 september 2020
Parties
Applicant: Victoria Real Estate Development Limited; 1st Respondent: Tanzania Investment Bank; 2nd Respondent: M/S. Ilibila Industries Ltd; 3rd Respondent: John Momose Cheyo; 4th Respondent: Ngula Viatalis Cheyo; 5th Respondent: Erck Auction Mart & Court Brokers
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 September 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Joinder as Interested Party in Review Proceedings
Outcome
Application granted
Legal Topics
Joinder of Parties, Right to Be Heard, Review Proceedings, Natural Justice
Source Language
english
Civil Procedure Constitutional Law Joinder of Parties Right to Be Heard Review Proceedings Natural Justice

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Parties

Victoria Real Estate Development Limited

Applicant

Tanzania Investment Bank

1st Respondent

M/S. Ilibila Industries Ltd

2nd Respondent

John Momose Cheyo

3rd Respondent

Ngula Viatalis Cheyo

4th Respondent

Erck Auction Mart & Court Brokers

5th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Joinder as Interested Party in Review Proceedings

Legal Issues

  1. 1 Whether the applicant should be joined as an interested party in the application for review
  2. 2 Whether the right to be heard under Article 13(6)(a) of the Constitution applies to the applicant in the review proceedings

Ratio Decidendi

The applicant, as the recognized owner of the suit property and a party whose rights are directly affected by the review proceedings, must be joined to afford her the constitutional right to be heard. The right to be heard under Article 13(6)(a) and the court's inherent powers under section 95 of the CPC override procedural objections to joinder in this context.

Court Disposition

Application granted

Orders

  • The applicant is joined as an interested party in the application for review.
  • Costs awarded to the applicant.