Tanzania Judgment

TZHC

20211110 TZHC Dar es Salaam

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Source document

01

Holding and result

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

02

Material facts

Parties

Christopher M. Nyirabu

Plaintiff

Hamad Ndondo

1st Defendant Counsel: Mr. W. Ogunde

Flumence Leodgar Lupindu

2nd Defendant Counsel: Mr. W. Ogunde

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

3rd Defendant Counsel: Mr. W. Ogunde

Amounts and remedies

  • Damages Awarded: TZS 20,000,000

03

Procedural history

  1. Posture

    Land Case / Execution Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
The decree holder prayed for execution of the decree by attachment and sale of specified properties and immediate eviction from the suit property under Order XXI rule 21(1) of the Civil Procedure Code.
Respondent
Judgment debtors and their counsel opted to enter no appearance and did not contest the application.

05

Court’s reasoning

  1. 01

    Civil Procedure Code, Cap 33, R.E. 2019

    Execution of decree may be ordered under Order XXI rule 21(1) of the Civil Procedure Code when the decree holder applies for it.

06

Ratio, limits and disposition

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

  • 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

Source and reliance status

TZHC · 10 November 2021

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Judgment text

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Source document

TZHC

Judgment· 10 November 2021

20211110 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) . · AT DAR ES SALAAM LAND CASE NO. 56 OF 2012 CHRISTOPHER M. NYIRABU ................................. ~. PLAINTIFF

VERSUS HAMAD NDONDO ..................•......,.................... lST DEFENDANT :. . . ND FLUMENCE LEODGAR LUPINDU ........................ 2 DEFENDANT ;iAM.IS a.k.a HAM.IS BONGE ............................... 3RD DEFENDANT

RULING KISONGO, DR _The last time 'this matter was adjourned to come today for Judgment /Debtor to show cause. Mr. W. Ogunde, the learned Counsel representing the Judgment Debtors was present. Together with his clients they opted to enter no appearance. Mr. Mgare the learned Counsel for the D/Holder prayed under Order XXl ruled 21(1) of the Civil Procedure Code 33, R.E. 2019 for this Court to order execution of this Court Decree in the manner that they :1ave applied for. The Decree subject of execution declared the· D/ Holder lawful owner of the suit property which is plot No. 244, Industrial area Kitunda area, with an award of Tshs, 20,000,000/= being the damages plus costs. , .. ' ; .,.. ...• The modes that has been applied for are 1. Attachment and sale of cement container, ·cement Blocks and Aggregates and Timbers.

2. Immediate eviction of the Judgment Debtors from plot No. 244 Kitunda Industrial area. No sufficient particulars in respect of properties subject of attachment has been provided. It is from that basis, I proceed to grant the prayer for immediate eviction of the Judgment Debtors from Plot No. 244, Kitunda Industrial area under Order XXl rule 21(1) of the Civil Procedure Code, Cap 33, R.E.

2019. I appoint Hillary Sande Ligale t/a Noel Estate Co. Limited to execute the Decree by evicting ....the __.... Judgment/ Debtors . '1" 0~ ~ . ' . .. ~ . C.M. ~ONGO •• • l

EPUTY REGISTRAR / ,?'··· 10/11/2021 --;;.;;~ 10/11/2021 Coram : Hon. Kisongo , DR .. Forthe D/ Holder : Present in person. For the J/Debtor : Mr. VJ. Muhanda, Adv Cc : Aurelia .. Mr. V.J. Muhana, Adv: Your honour the matter is for Ruling we are ready. Court: Delivered the,.,, Ruling in the presence of parties as per the Coram above. C.M.Kl'2

EPUTY REGISTRAR 10/11/2021

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Code, Cap 33, R.E. 2019

Legislation

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