ALISUM PROPERTIES LIMITED VS. SALUM SELENDA MSANGI (As Administrator o f the Estate o f the late SELENDA RAMADHANI MSANGI) CIVIL APPEAL NO. 39 OF 2018.

Abstract

i)It is elementary principle of law that an issue raised by the parties should be resolved, failure to do so renders the judgement defective. ii)Cases must be decided on the issues or grounds on record and if it is desired by the Court to raise other new issues either founded on the pleadings or arising out of evidence adduced by witnesses or arguments during the hearing of appeal, those new issues should be placed on record and parties must be given an opportunity to be heard by the court