debora d kijo another vs prosper rweyendera another 2022 tzhclandd 11 31 january 2022

debora d kijo another vs prosper rweyendera another 2022 tzhclandd 11 31 january 2022

The application is redundant as the property in question has already been released from attachment by a prior court order; therefore, the prayers sought cannot be granted.

Citation
debora d kijo another vs prosper rweyendera another 2022 tzhclandd 11 31 january 2022
Parties
Applicant: Debora D. Kijo; Applicant: Godfrey Malassy; Respondent: Prosper Rweyendera; Respondent: City Christian Fellowship
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 January 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Suspend Execution and Investigate Objection
Outcome
Application dismissed as redundant; each party to bear their own costs.
Legal Topics
Execution of Decrees, Attachment of Property, Exemption of Residential Property, Matrimonial Property
Source Language
English
Civil Procedure Land Law Execution of Decrees Attachment of Property Exemption of Residential Property Matrimonial Property

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Parties

Debora D. Kijo

Applicant

Godfrey Malassy

Applicant

Prosper Rweyendera

Respondent

City Christian Fellowship

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Suspend Execution and Investigate Objection

Legal Issues

  1. 1 Whether the residential property is liable to attachment in execution proceedings
  2. 2 Whether the application to suspend execution is maintainable after the property has been released from attachment

Ratio Decidendi

The application is redundant as the property in question has already been released from attachment by a prior court order; therefore, the prayers sought cannot be granted.

Court Disposition

Application dismissed as redundant; each party to bear their own costs.

Orders

  • Application not granted.
  • Each party to bear their own costs.