20211110 TZHC Dar es Salaam

20211110 TZHC Dar es Salaam

Immediate eviction was granted as sufficient particulars for attachment and sale of properties were not provided, but the decree holder is entitled to execution by eviction under Order XXI rule 21(1) of the Civil Procedure Code.

Citation
20211110 TZHC Dar es Salaam
Parties
Plaintiff: Christopher M. Nyirabu; 1st Defendant: Hamad Ndondo; 2nd Defendant: Flumence Leodgar Lupindu; 3rd Defendant: Ham.is a.k.a Ham.is Bonge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2021
Procedural Posture
Land Case / Execution Ruling
Outcome
prayer for immediate eviction granted
Legal Topics
Execution of Decree, Eviction, Attachment and Sale of Property
Source Language
English
Civil Procedure Property Law Execution of Decree Eviction Attachment and Sale of Property

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Parties

Christopher M. Nyirabu

Plaintiff

Hamad Ndondo

1st Defendant

Flumence Leodgar Lupindu

2nd Defendant

Ham.is a.k.a Ham.is Bonge

3rd Defendant

Procedural Posture

Land Case / Execution Ruling

Legal Issues

  1. 1 Whether the decree holder is entitled to execution of the decree by eviction and attachment/sale of properties
  2. 2 Whether sufficient particulars of properties subject to attachment were provided

Ratio Decidendi

Immediate eviction was granted as sufficient particulars for attachment and sale of properties were not provided, but the decree holder is entitled to execution by eviction under Order XXI rule 21(1) of the Civil Procedure Code.

Court Disposition

prayer for immediate eviction granted

Orders

  • Immediate eviction of judgment debtors from Plot No. 244, Kitunda Industrial area
  • Appointment of Hillary Sande Ligale t/a Noel Estate Co. Limited to execute the decree by eviction