demisiano kachoma vs joseph karaka 2023 tzhc 22375 2 november 2023

demisiano kachoma vs joseph karaka 2023 tzhc 22375 2 november 2023

An order for execution is not appealable to the High Court; the proper remedy is revision or reference, not appeal.

Citation
demisiano kachoma vs joseph karaka 2023 tzhc 22375 2 november 2023
Parties
Appellant: Demisiano Kachoma; Respondent: Joseph Karaka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 2023
Procedural Posture
Land Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Appealability of Execution Orders, Execution of Decrees, Revision Proceedings
Source Language
English

Case Brief

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Parties

Demisiano Kachoma

Appellant

Joseph Karaka

Respondent

Procedural Posture

Land Appeal / Ruling on Competence of Appeal

  1. 1 Whether an order for execution is appealable to the High Court

Ratio Decidendi

An order for execution is not appealable to the High Court; the proper remedy is revision or reference, not appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out with no order as to costs.