19980702 TZHC Dar es Salaam 1

19980702 TZHC Dar es Salaam 1

The High Court lacks jurisdiction to entertain applications relating to execution of a decree when an appeal is pending before the Court of Appeal; therefore, the application must be dismissed.

Citation
19980702 TZHC Dar es Salaam 1
Parties
Plaintiff: Cipol Tanzania Ltd; Defendants: J. Khalfan Hindo & 3 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 July 1998
Procedural Posture
Civil / Ruling on Application for Reference Under Sections 77 and 95 of the Civil Procedure Code
Outcome
Application dismissed with costs
Legal Topics
Jurisdiction, Execution of Decree, Appeal, Summary Suit
Source Language
English
Civil Procedure Jurisdiction Execution of Decree Appeal Summary Suit

Case Brief

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Parties

Cipol Tanzania Ltd

Plaintiff

J. Khalfan Hindo & 3 Others

Defendants

Procedural Posture

Civil / Ruling on Application for Reference Under Sections 77 and 95 of the Civil Procedure Code

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application regarding execution of a decree when an appeal is pending before the Court of Appeal
  2. 2 Whether the application was brought under the correct law

Ratio Decidendi

The High Court lacks jurisdiction to entertain applications relating to execution of a decree when an appeal is pending before the Court of Appeal; therefore, the application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs
  • Ruling to be delivered by the District Registrar