NA TZHC Arusha5

The Tribunal erred materially by proceeding with execution after a notice of appeal had been lodged, which deprived it of jurisdiction and resulted in injustice.

Citation: NA TZHC Arusha5
Parties: Applicant: A. H. A. H.; 1st Respondent: Julius Azael; 2nd Respondent: Lumaliza Investment and Court Broker
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 2013
Procedural Posture: Civil Revision / Ruling
Outcome: application allowed
Legal Topics: Stay of Execution, Jurisdiction After Notice of Appeal, Revision of Tribunal Orders
Source Language: English

Civil Procedure Land Law Stay of Execution Jurisdiction After Notice of Appeal Revision of Tribunal Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

A. H. A. H.

Applicant

Julius Azael

1st Respondent

Lumaliza Investment and Court Broker

2nd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

1 Whether the District Land and Housing Tribunal had jurisdiction to proceed with execution after notice of appeal was lodged
2 Whether the execution proceedings and orders were erroneous and caused injustice

Ratio Decidendi

The Tribunal erred materially by proceeding with execution after a notice of appeal had been lodged, which deprived it of jurisdiction and resulted in injustice.

Court Disposition

application allowed

Orders

The proceedings and order in Application for Execution No. 213 of 2013 are quashed and set aside.