ALLY SALUMU

ALLY SALUMU

The DLHT for Kasulu had jurisdiction to execute the decree as the suit land and parties are within Kasulu district; the decree executed was valid as it arose from the DLHT's appellate decision declaring the respondent lawful owner; preliminary objections were properly disposed and not appealed; all grounds of appeal lack merit.

Citation
ALLY SALUMU
Parties
Appellant: Ally Salumu; Appellant: Jumanne Ruhongole; Respondent: Ladslaus Danford
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Land Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Decrees, Jurisdiction, Preliminary Objections, Ownership of Land
Source Language
English
Land Law Civil Procedure Execution of Decrees Jurisdiction Preliminary Objections Ownership of Land

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Parties

Ally Salumu

Appellant

Jumanne Ruhongole

Appellant

Ladslaus Danford

Respondent

Procedural Posture

Land Appeal / Final Judgment

Legal Issues

  1. 1 Whether the DLHT for Kasulu had jurisdiction to execute a decree passed by DLHT for Kigoma
  2. 2 Whether the decree executed emanated from a nullity judgment
  3. 3 Whether preliminary objections raised by appellants were properly considered

Ratio Decidendi

The DLHT for Kasulu had jurisdiction to execute the decree as the suit land and parties are within Kasulu district; the decree executed was valid as it arose from the DLHT's appellate decision declaring the respondent lawful owner; preliminary objections were properly disposed and not appealed; all grounds of appeal lack merit.

Court Disposition

appeal dismissed

Orders

  • Respondent awarded costs