adriano omary kimbulu vs tatu juma mzee and another 2021 tzhc 3573 28 may 2021

The High Court was not the proper court to execute the decree; execution must be done by the court or tribunal that issued the decree, which in this case is the District Land and Housing Tribunal.

Citation: adriano omary kimbulu vs tatu juma mzee and another 2021 tzhc 3573 28 may 2021
Parties: Applicant: Adriano Omary Kimbulu; 1st Respondent: Tatu Juma Mzee (Administratrix of the Estate of the late Almas Mwinyinvua); 2nd Respondent: Mwinyinvua Almas Hega
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 May 2021
Procedural Posture: Reference Application / Ruling
Outcome: reference allowed
Legal Topics: Execution of Decrees, Jurisdiction, Estate Administration
Source Language: English

Civil Procedure Land Law Execution of Decrees Jurisdiction Estate Administration

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Adriano Omary Kimbulu

Applicant

Tatu Juma Mzee (Administratrix of the Estate of the late Almas Mwinyinvua)

1st Respondent

Mwinyinvua Almas Hega

2nd Respondent

Procedural Posture

Reference Application / Ruling

Legal Issues

1 Whether the High Court was the proper court to execute the decree issued by the District Land and Housing Tribunal
2 Whether the execution proceedings before the High Court were valid

Ratio Decidendi

The High Court was not the proper court to execute the decree; execution must be done by the court or tribunal that issued the decree, which in this case is the District Land and Housing Tribunal.

Court Disposition

reference allowed

Orders

Proceedings in execution application No 1 of 2020 are nullified.
Resultant ruling and orders quashed and set aside.