director tabora municipal council vs kaombwe liwali 2008 tzhc 249 4 december 2008
The application to reverse the attachment order is dismissed because, despite the tribunal's lack of jurisdiction, the application appears to be an attempt to defeat the ends of justice. The applicant is ordered to pay the decretal sum within two months.
Source-derived case information.
- Citation
- director tabora municipal council vs kaombwe liwali 2008 tzhc 249 4 december 2008
- Parties
- Applicant: Director, Tabora Municipal Council; Respondent: Kaombwe Liwali
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2008
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application to Reverse Attachment Order
- Outcome
- Application dismissed with costs
- Legal Topics
- Jurisdiction of Tribunal, Attachment of Property, Execution of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director, Tabora Municipal Council
Applicant
Kaombwe Liwali
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application to Reverse Attachment Order
Legal Issues
- 1 Whether the tribunal had jurisdiction to order attachment of the Isuzu Lorry
- 2 Whether the attachment order should be reversed
Ratio Decidendi
The application to reverse the attachment order is dismissed because, despite the tribunal's lack of jurisdiction, the application appears to be an attempt to defeat the ends of justice. The applicant is ordered to pay the decretal sum within two months.
Court Disposition
Application dismissed with costs
Orders
- Applicant to pay the respondent the decretal sum within two months from the date of the ruling
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT TABORA MISC. LAND CASE APPLICATION NO. 7 OF 2007 DIRECTOR, TABORA MUNICIPAL CO UNCIL........................ APPLICANT VERSUS KAOMBWE L IW A L I.......................................................... RESPONDENT R U L I N G BEFORE: HON. NGWALA, J: By this application under S. 44 (1)(b) of the Magistrate’ court Act, Cap 11 R.E. 2002, and S. 79(1) of the civil Procedure Code Cap 33 and s 109 B of the Local Government (urban Authority), Act, CAP 288,R.E. 2002. Mr. Mkoba the learned counsel is requesting this court to reverse the tribunal order to attach the Isuzu Lorry because the act of attachment is untenable in law as the tribunal had no jurisdiction to do so. Much as I agree that the same is not in accordance with the law, however in law justice should not only be seen to be done but it must be seen to be done. As there is no appeal in this court and in so far it seems to me that this application has so far been filed in this court to order that the appellant should defeat the ends of justice, I hesitate to order otherwise except to pay the respondents the decretal sum within a period of two months from today. The application is dismissed with costs. Is accordingly so ordered. A.F. NGWALA J U D G E 04 / 12/2008 04 / 12/2008 Coram: A.F. Ngwala - Judge Applicant: Absent Respondent: Present Court: Ruling delivered in chambers in the presence of the respondent/original decree holder. Right of appeal to the Court of Appeal explained. A.F. NGWALA J U D G E 04/ 12/2008