ally juma mwangomba others vs the attorney general 2010 tzca 21 29 january 2010

There was no evidence of adjustment or variation of the decree in accordance with the law, and no proof of payment to the decree holders apart from the 50,000,000 shillings deposited in court. The High Court erred in holding that the decree was satisfied.

Citation: ally juma mwangomba others vs the attorney general 2010 tzca 21 29 january 2010
Parties: Appellant: Ally Juma Mwangomba & 143 Others; Respondent: The Attorney General
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 29 January 2010
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Execution of Decrees, Compensation for Compulsory Acquisition, Adjustment of Decrees, Representative Suits
Source Language: English

Civil Procedure Government Compensation Execution of Decrees Compensation for Compulsory Acquisition Adjustment of Decrees Representative Suits

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Parties

Ally Juma Mwangomba & 143 Others

Appellant

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the decree issued on 16 October 1996 was satisfied by the respondent
2 Whether there was a valid adjustment or variation of the decree amount
3 Whether the appellants (decree holders) were paid the decretal amount plus interest

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Ruling and orders of the High Court dated 29 February 2008 are quashed and set aside.
Costs awarded to the appellants.