20170822 TZHC Dodoma

The Tribunal's actions were limited to executing the decree in Application No. 100/2010; there was no review or contradictory decision. The appeal lacked merit and was dismissed with costs.

Citation: 20170822 TZHC Dodoma
Parties: Appellant: Abdillah Said; Respondents: Hussein Juma & 7 Others
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 August 2017
Procedural Posture: Land Appeal / Judgment
Outcome: Appeal dismissed with costs
Legal Topics: Execution of Decree, Review of Tribunal Decision, Contradictory Decisions
Source Language: English

Land Law Execution of Decree Review of Tribunal Decision Contradictory Decisions

Case Brief

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Parties

Abdillah Said

Appellant

Hussein Juma & 7 Others

Respondents

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the District Land and Housing Tribunal erred in granting execution when there was allegedly no main application pending
2 Whether the Tribunal improperly reviewed its own decision suo motu
3 Whether the Tribunal disregarded a preliminary objection regarding the respondents' affidavit

Ratio Decidendi

The Tribunal's actions were limited to executing the decree in Application No. 100/2010; there was no review or contradictory decision. The appeal lacked merit and was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

Appeal is dismissed with costs to the respondents