20211110 TZHC Dar es Salaam
- Citation
- 20211110 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 10 November 2021
- Posture
- Land Case / Execution Ruling
- Language
- English
More details
- Court
- TZHC
- Decision
- 10 November 2021
- Posture
- Land Case / Execution Ruling
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PlaintiffHamad Ndondo
1st Defendant Counsel: Mr. W. OgundeFlumence Leodgar Lupindu
2nd Defendant Counsel: Mr. W. OgundeHam.is a.k.a Ham.is Bonge
3rd Defendant Counsel: Mr. W. OgundeAmounts and remedies
- Damages Awarded: TZS 20,000,000
03
Procedural history
Posture
Land Case / Execution Ruling
04
Questions and positions
Legal issues
- 01
Whether the decree holder is entitled to execution of the decree by eviction and attachment/sale of properties
- 02
Whether sufficient particulars of properties subject to attachment were provided
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 10 November 2021
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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