daudi zakaria and another vs veran mwaluko and another 2020 tzhc 730 28 april 2020

daudi zakaria and another vs veran mwaluko and another 2020 tzhc 730 28 april 2020

The application for stay of execution is unmerited because the order being executed is not from Land Application No. 38 of 2019 but from the Ibinzamata Ward Tribunal's decision in Land Case No. 6 of 2016, which applicants do not dispute. The applicants misconceived the tribunal's order, and any complaints about execution should be addressed to the executing court.

Citation
daudi zakaria and another vs veran mwaluko and another 2020 tzhc 730 28 april 2020
Parties
Applicant: Daudi Zakaria; Applicant: Ester Boniface; Respondent: Veran Mwaluko; Respondent: ABA-JAJA Auction Mart & Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Res Judicata, Execution of Tribunal Orders
Source Language
English
Civil Procedure Land Law Stay of Execution Res Judicata Execution of Tribunal Orders

Case Brief

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Parties

Daudi Zakaria

Applicant

Ester Boniface

Applicant

Veran Mwaluko

Respondent

ABA-JAJA Auction Mart & Court Broker

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the execution process should be stayed pending appeal in Civil Appeal No. 11 of 2020
  2. 2 Whether the order being executed arises from Land Application No. 38 of 2019 or from earlier proceedings

Ratio Decidendi

The application for stay of execution is unmerited because the order being executed is not from Land Application No. 38 of 2019 but from the Ibinzamata Ward Tribunal's decision in Land Case No. 6 of 2016, which applicants do not dispute. The applicants misconceived the tribunal's order, and any complaints about execution should be addressed to the executing court.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs