abdillah said vs hussein juma others 2017 tzhc 2213 22 august 2017

The tribunal only executed the decree from Appeal No. 100/2010 and did not review or issue contradictory decisions; the appeal lacks merit and is dismissed.

Citation: abdillah said vs hussein juma others 2017 tzhc 2213 22 august 2017
Parties: Appellant: Abdillah Said; Respondent: Hussein Juma; Respondent: 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, Contradictory Rulings, Preliminary Objection
Source Language: English

Land Law Execution of Decree Review Contradictory Rulings Preliminary Objection

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Parties

Abdillah Said

Appellant

Hussein Juma

Respondent

7 Others

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the tribunal gave a ruling without a main application pending
2 Whether the tribunal reviewed Appeal No. 100/2010 suo moto
3 Whether the tribunal disregarded the preliminary objection regarding respondents' affidavit

Ratio Decidendi

The tribunal only executed the decree from Appeal No. 100/2010 and did not review or issue contradictory decisions; the appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed
Costs awarded to respondents