yeremia samweli vs baha qwaray gudet another 2024 tzhc 685 7 march 2024

yeremia samweli vs baha qwaray gudet another 2024 tzhc 685 7 march 2024

The tribunal erred by dismissing the application without establishing that the applicant's advocate was absent for two consecutive dates without good cause and without proof of being in a superior court, as required by Regulation 13. The dismissal was premature and resulted in a miscarriage of justice.

Citation
yeremia samweli vs baha qwaray gudet another 2024 tzhc 685 7 march 2024
Parties
Applicant: Yeremia Samweli; 1st Respondent: Baha Qwaray Gudet; 2nd Respondent: Diamond Credit Recovery Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 March 2024
Procedural Posture
Land Revision / Ruling on Application for Revision
Outcome
Application for revision allowed
Legal Topics
Right to Be Heard, Dismissal for Non Appearance, Revisionary Powers of High Court, District Land and Housing Tribunal Procedure
Source Language
English
Land Law Civil Procedure Right to Be Heard Dismissal for Non Appearance Revisionary Powers of High Court District Land and Housing Tribunal Procedure

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Parties

Yeremia Samweli

Applicant

Baha Qwaray Gudet

1st Respondent

Diamond Credit Recovery Co. Ltd

2nd Respondent

Procedural Posture

Land Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the dismissal order by the District Land and Housing Tribunal curtailed the applicant's right to be heard
  2. 2 Whether the tribunal complied with Regulation 13 of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2002

Ratio Decidendi

The tribunal erred by dismissing the application without establishing that the applicant's advocate was absent for two consecutive dates without good cause and without proof of being in a superior court, as required by Regulation 13. The dismissal was premature and resulted in a miscarriage of justice.

Court Disposition

Application for revision allowed

Orders

  • Proceedings and dismissal order in Misc. Application No. 13 of 2023 quashed
  • District Land and Housing Tribunal to proceed to hear the application