SAID ABDALLAH DOGA v. ROSE FRIDOLINE MWAPINGA & ANOTHER, CIVIL REVISION NO. 1 OF 2020

Abstract

Held: (i) A matter that has been struck out for being time-barred can only be revived through an application for an extension of time, which, if granted, allows the filing of a new appeal under a different case number. (ii) A court cannot grant reliefs that were neither pleaded in the pleadings nor prayed for by the parties, as doing so constitutes a legal irregularity. (iii) The right to be heard is a fundamental constitutional principle that safeguards against arbitrary decision-making, and any decision made without affording the affected party an opportunity to be heard violates the principles of natural justice.