amandus kato vs maseke kanyoro zenge another 2022 tzhclandd 12423 7 october 2022

The Tribunal erred by ordering eviction in execution of a declaratory decree, which constitutes a miscarriage of justice as the execution relief was at variance with the decree.

Citation: amandus kato vs maseke kanyoro zenge another 2022 tzhclandd 12423 7 october 2022
Parties: Applicant: Amandus Kato; 1st Respondent: Maseke Kanyoro Zenge; 2nd Respondent: Mpoyo Traders & Court Broker
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 7 October 2022
Procedural Posture: Civil Revision / Ruling
Outcome: application granted
Legal Topics: Execution of Decrees, Declaratory Judgments, Jurisdiction of Tribunals
Source Language: English

Land Law Civil Procedure Execution of Decrees Declaratory Judgments Jurisdiction of Tribunals

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Parties

Amandus Kato

Applicant

Maseke Kanyoro Zenge

1st Respondent

Mpoyo Traders & Court Broker

2nd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

1 Whether the execution proceedings exceeded the scope of the original declaratory decree
2 Whether eviction could be ordered based on a declaratory decree

Ratio Decidendi

The Tribunal erred by ordering eviction in execution of a declaratory decree, which constitutes a miscarriage of justice as the execution relief was at variance with the decree.

Court Disposition

application granted

Orders

Application for revision granted
No order as to costs