mpombe vs kipengele 1995 tzhc 12 28 september 1995

Claims for interest and transport costs not raised in the Primary Court cannot be entertained on appeal; the appellant must file a separate civil suit subject to the law of limitation.

Citation: mpombe vs kipengele 1995 tzhc 12 28 september 1995
Parties: Appellant: Ally Mpombe; Respondent: Bangili Kipengele
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 September 1995
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal dismissed
Legal Topics: Execution of Decree, Interest on Judgment Debt, Costs, Appeal Procedure
Source Language: English

Civil Procedure Execution of Decree Interest on Judgment Debt Costs Appeal Procedure

Case Brief

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Parties

Ally Mpombe

Appellant

Bangili Kipengele

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the appellant is entitled to interest and transport costs not claimed in the original suit
2 Whether the District Court had jurisdiction to entertain claims for interest and transport costs not raised in the Primary Court

Ratio Decidendi

Claims for interest and transport costs not raised in the Primary Court cannot be entertained on appeal; the appellant must file a separate civil suit subject to the law of limitation.

Court Disposition

appeal dismissed

Orders

Appellant to pursue rights by filing a civil suit in the District Court subject to the law of limitation
Judgment to be typed and certified copy forwarded to the Mwarusembe Primary Court for parties to be summoned