burton sanga vs michael kiwone 2015 tzhc 2160 26 november 2015

The appeal is incompetent as there is no statutory right of appeal against an order for execution and the memorandum of appeal was not accompanied by the impugned order.

Citation: burton sanga vs michael kiwone 2015 tzhc 2160 26 november 2015
Parties: Appellant: Burton Sanga; Respondent: Michael Kiwone
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 November 2015
Procedural Posture: Miscellaneous Land Case Appeal / Ruling on Competence of Appeal
Outcome: Appeal struck out with costs
Legal Topics: Appeals, Execution of Decrees, Jurisdiction, Procedural Requirements
Source Language: English

Land Law Civil Procedure Appeals Execution of Decrees Jurisdiction Procedural Requirements

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Parties

Burton Sanga

Appellant

Michael Kiwone

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether an appeal lies to the High Court against an order for execution from the District Land and Housing Tribunal
2 Whether failure to attach the impugned order renders the appeal incompetent

Ratio Decidendi

The appeal is incompetent as there is no statutory right of appeal against an order for execution and the memorandum of appeal was not accompanied by the impugned order.

Court Disposition

Appeal struck out with costs

Orders

The incompetent appeal is struck out with costs.