Automated Summary
Key Facts
The Court of Appeal of Tanzania found that the trial court erred by dismissing the suit against the respondent without giving the appellant an opportunity to be heard on the matter. The trial court had entered judgment on admission against the first and second defendants after the second defendant admitted the claim, but then dismissed the suit against the respondent based solely on the respondent's counsel's prayer. The appellate court held this violated the principle of natural justice (right to be heard) under Article 13(6)(a) of the Tanzanian Constitution and set aside the dismissal, remitting the case for rehearing from the point of the respondent's prayer.
Transaction Type
Overdraft facility granted to H.S.K Intertrade Company Ltd
Issues
Whether the trial court erred in dismissing the suit against the respondent without allowing the appellant to respond to the prayer for dismissal, thereby violating the right to be heard under natural justice and Article 13(6)(a) of the Constitution of Tanzania.
Holdings
The Court held that the trial court erred in dismissing the suit against the respondent without affording the appellant an opportunity to be heard, violating the principle of natural justice as enshrined in Article 13(6)(a) of the Tanzanian Constitution. This breach occurred when the trial court granted the respondent's prayer for dismissal after hearing only the respondent's counsel, without allowing the appellant to respond. The appeal was accordingly allowed on the 2nd ground, the erroneous dismissal was set aside, and the case was remitted to the trial court for rehearing from the point where the respondent prayed for dismissal.
Remedies
- The case record was remitted to the trial court for rehearing starting from the point where the respondent prayed for dismissal, while other trial court proceedings remain undisturbed.
- The Court of Appeal made no order as to costs in relation to this appeal.
- The Court of Appeal set aside the trial court's order dismissing the suit against the respondent (Salvatory Kazoneye Segwenda) and remitted the case for rehearing.
Contract Value
59734002.00
Legal Principles
The Court held that the trial court violated the principle of natural justice by failing to afford the appellant the right to be heard before dismissing the suit against the respondent. This principle, enshrined in Article 13(6)(a) of Tanzania's Constitution, requires that parties must be given an opportunity to present their case before an adverse decision is made. The Court referenced cases such as Cowasjee v. Cowasjee (1963) and Mbeya – Rukwa Auto Parts and Transport Ltd. V. Jestina George Mwakyoma (2003) to emphasize that decisions made without this right are null and void.
Precedent Name
- Abbas Sharally and Another v. Abdul Fazalboy
- Cowasjee v. Cowasjee
- Onesmo Nangole v. Dr. Sterven Lemomo Kiruswa
- Mbeya – Rukwa Auto Parts and Transport Ltd. V. Jestina George Mwakyoma
Cited Statute
- Civil Procedure Code (Cap 33 R.E 2002)
- Constitution of the United Republic of Tanzania, 1977
- Civil Procedure Code 1966
Judge Name
- W. B. Korosso
- Z. N. Galeba
- O. O. Makungu
Passage Text
- It is apparent from the record that, the trial court did not accord the appellant an opportunity to be heard when the counsel for the respondent prayed to have the suit dismissed against the respondent. After hearing only the counsel for the respondent, the trial court proceeded to enter judgment on admission against the 1st and 2nd defendants and to dismiss the suit against the respondent. This was an error. The appellant ought to have been given an opportunity to submit as to whether he objected or conceded to the prayer for dismissal of the suit against the respondent.
- "The right of a party to be heard before adverse action or decision is taken against such party has been stated and emphasized by the Courts in numerous decisions. That right is so basic that a decision which is arrived at in violation of it will be nullified, even if the same decision would have been reached had the party been heard because the violation is considered to be a breach of natural justice."
- In the light of the foregoing, we are constrained to allow the 2nd ground of appeal. Consequently, we set aside the order for dismissal of the suit against the respondent. We further order that the case record be remitted to the trial court for rehearing of the matter starting from where the respondent prayed for an order to dismiss the case in his favour.
Damages / Relief Type
Set aside the trial court's dismissal of the suit against the respondent and remit the case for rehearing starting from the respondent's prayer for dismissal.