MUFINDI PAPER MILLS LIMITED VS. IBATU VILLAGE COUNCIL AND 3 OTHERS CIVIL REVISION NO. 555/17 OF 2019

Abstract

We are, in this case settled in our mind that whereas the applicant was not made a party to the proceedings, nevertheless the title that she claimed in the suit land was extinguished without her being heard. On account of that breach of fundamental right to be heard, in exercise of the provisional powers conferred on us under section 4 (3) of the AJA, we are inclined to accede to the uncontested prayer of Mr. Rwechungura and hereby grant the application with costs.