Description
Interim ex parte order – Order XLIV (3) of the Civil Procedure Decree (Zanzibar) – breach or violation of the right to be heard – principle of natural justice.
- Trial judge issued an interim ex parte order but the ruling did not show justification for that order – Order XLIV (3) of the Civil Procedure Decree (Zanzibar).
- No decision must be made by any court of justice, body or authority entrusted with the power to determine rights and duties so as to adversely affect the interest of any person without first giving him a hearing according to the principle of natural justice.
- A breach or violation of the right to be heard, unless expressly or impliedly authorized by law, renders the proceedings and decisions and or orders made a nullity, even if the same would have been reached had the party been heard.
- The trial court seriously erred in issuing orders affecting the applicants without according them a hearing.
