CHARLES PAULO SHIMO

CHARLES PAULO SHIMO

The appeal is incompetent due to the incurable defect of a decree that is inconsistent with the judgment, making execution impossible and requiring the appeal to be struck out.

Source-derived case information.

Citation
CHARLES PAULO SHIMO
Parties
Appellant: Charles Paulo Shimo; Appellant: Emmanuel Mashilingi; Appellant: Edward Mashilingi; Appellant: Ngwashi Makoye; Appellant: Palula Manilizi; Appellant: Elias Kayila; Appellant: Juma Shija; Appellant: Kangwa Lifa; Appellant: Veiko; Respondent: Isanzule Hobela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 August 2024
Procedural Posture
Land Appeal / Judgment on Appeal; Determination of Competence Due to Defective Decree
Outcome
Appeal struck out for incompetence due to defective decree; no order as to costs.
Legal Topics
Defective Decree, Res Judicata, Execution of Judgments, Appeal Competence
Source Language
english
Land Law Civil Procedure Defective Decree Res Judicata Execution of Judgments Appeal Competence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Charles Paulo Shimo

Appellant

Emmanuel Mashilingi

Appellant

Edward Mashilingi

Appellant

Ngwashi Makoye

Appellant

Palula Manilizi

Appellant

Elias Kayila

Appellant

Juma Shija

Appellant

Kangwa Lifa

Appellant

Veiko

Appellant

Isanzule Hobela

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal; Determination of Competence Due to Defective Decree

Legal Issues

  1. 1 Whether the appeal is competent in light of a defective decree differing from the judgment
  2. 2 Whether the trial tribunal erred in law and fact regarding res judicata, locus in quo, and evaluation of evidence

Ratio Decidendi

The appeal is incompetent due to the incurable defect of a decree that is inconsistent with the judgment, making execution impossible and requiring the appeal to be struck out.

Court Disposition

Appeal struck out for incompetence due to defective decree; no order as to costs.

Orders

  • Appeal struck out
  • No order as to costs