Victoria Real Estate Development versus Tanzania Investment Bank and 3 Others

Victoria Real Estate Development versus Tanzania Investment Bank and 3 Others; Civil Application No. 225 of 2014: Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Court of Appeal Rules

• Extension of time – illegality of the decision is a sufficient reason.

• Administrative Law

• Natural justice-right to be heard must be observed

Held:-

(i) When the point at issue is one alleging illegality of the decision being challenged, the court has a duty even if it means extending the time for the purpose of ascertaining the point and if the alleged illegality be established to make appropriate measures to put the matter and the record right.

(ii) The right to be heard is not only a fundamental right, but a constitutional one, and that where a party may not have been afforded such right, the proceedings are a nullity.