anatolia j mgeni vs njocoba others 2023 tzca 17987 15 december 2023
The appeal was incompetent due to failure to serve notice of appeal as required by Rule 84(1), and the High Court proceedings and judgment were nullified because of fatal irregularities including mis-joinder and non-joinder of necessary parties (Makambako SACCOS and Comrade Auction Mart), and uncertainty regarding the identity of the purchaser, violating the right to be heard under Article 13(6)(a) of the Constitution.
Source excerpt
- Non-joinder of parties
- Mis-joinder of parties
- Right to be heard
- Mortgage
- Auction sale
- Liquidation