Material facts

The civil appeal, titled "January Nshimba vs The Registered Trustees of Daughters of Mary
Immaculata & Collaborators," originated from a land dispute heard in the High Court of
Tanzania. The appellant, Nshimba, contested the respondent's claim of ownership over a parcel
acquired through a sale transaction with the late Augustine S. Ng'ittu, alleging trespass and
unauthorized alterations to the land. During the trial, procedural irregularities emerged,
particularly concerning the third-party procedure, as the appellant had expressed an intent to file a
third-party notice without proper application. The trial court's failure to determine the liability of
the third parties and other procedural lapses led the Court of Appeal to nullify the proceedings,
set aside the judgment, and order an expedited re-trial by another judge.

Judgement

The Court of Appeal of Tanzania, in its judgment delivered on April 28, 2022, set aside the
decision of the High Court and nullified the proceedings due to procedural irregularities related to
the third-party procedure. The court invoked its revisional powers under section 4(2) of the
Appellate Jurisdiction Act and ordered an expedited re-trial of the case by another judge. The
appellate court emphasized the non-compliance with the third-party procedure as a significant
flaw, specifically highlighting the absence of an application supported by an affidavit and the
failure to determine the liability of the third parties as required by the law. The decision
underscored the importance of adherence to proper legal procedures in ensuring a fair and just
resolution of the land dispute.

Certainly! The third-party procedure in legal proceedings allows a defendant to bring another
party, not initially involved in the lawsuit, into the case based on claims for contribution,
indemnity, or related relief. This process is designed to efficiently resolve disputes between the
defendant and a third party that may share responsibility or liability for the issues raised in the
original lawsuit. Here are the key elements and procedures for the third-party procedure:

Elements of the Third-Party Procedure:

1. Prima Facie Case:

 The defendant must have a prima facie case against the third party, demonstrating
that there is a valid and reasonable claim for contribution, indemnity, or related
relief.

2. Relation to Plaintiff's Claim:

  The defendant's claim against the third party should be related to or connected
with the subject matter of the original lawsuit. It must be substantially the same as
a relief or remedy claimed by the plaintiff.

3. Nature of the Claim:

 The defendant may seek contribution, indemnity, or any other relief against the
third party. This could include claims for monetary compensation, damages, or
other remedies.

4. Bona Fide Claim:

 The defendant must demonstrate that the claim against the third party is bona fide,
meaning it is made in good faith and not for tactical reasons.