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
Summary, issues, holding and outcome
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Parties
Demisiano Kachoma
Appellant
Joseph Karaka
Respondent
Procedural Posture
Land Appeal / Ruling on Competence of Appeal
Legal Issues
- 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.
Full Case Text
Judgment text and source record
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