20030807 TZHC Arusha

Joinder of the 2nd respondent is necessary to ensure that any judgment in the applicant's favor can be executed, given the land in dispute now falls under the 2nd respondent's jurisdiction.

Citation: 20030807 TZHC Arusha
Parties: Applicant: Daudi Bura; 1st Respondent: Serikali ya Kijiji cha Endamasack; 2nd Respondent: 2nd Respondent (Unnamed Village Council)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 August 2003
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Joinder of Party Pending Appeal
Outcome: Application granted
Legal Topics: Joinder of Parties, Execution of Judgments, Appeals
Source Language: English

Civil Procedure Joinder of Parties Execution of Judgments Appeals

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Parties

Daudi Bura

Applicant

Serikali ya Kijiji cha Endamasack

1st Respondent

2nd Respondent (Unnamed Village Council)

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Joinder of Party Pending Appeal

Legal Issues

1 Whether the 2nd respondent should be joined as a party to the pending appeal

Ratio Decidendi

Joinder of the 2nd respondent is necessary to ensure that any judgment in the applicant's favor can be executed, given the land in dispute now falls under the 2nd respondent's jurisdiction.

Court Disposition

Application granted

Orders

2nd respondent to be joined as a party to the pending appeal
No order as to costs