PRIME CATCH (EXPORTS) LIMITED AND OTHERS v. DIAMOND TRUST BANK TANZANIA LIMITED, CIVIL APPEAL NO. 273 OF 2019

Abstract

Held: (i) The right of a party to be heard before adverse decision is taken against such party is so basic that a decision arrived at in violation of it will be nullified. (ii) it is cardinal principle of statutory interpretation that the meaning of a statute must in the first instance, be sought in the language in which the Act is framed. (iii) When a summary procedure is used to recover monies secured by a mortgage, only the parties to the mortgage deed should be impleaded, and others who are not parties to the deed should not be included in the proceedings, in accordance with Order XXV Rule 1(c) (i) of the Civil Procedure Code.