dr ngila mwase vs qeen maleko 2021 tzhclandd 353 23 july 2021

dr ngila mwase vs qeen maleko 2021 tzhclandd 353 23 july 2021

The court held that the appellant's grievances pertained to the substance and merits of the original decision and the description of the property, which are not matters for determination at the execution stage. The proper remedy for challenging execution proceedings is revision, not appeal. Since the appellant sought to re-open issues already determined by the Ward Tribunal, the appeal was both procedurally and substantively without merit and was dismissed.

Citation
dr ngila mwase vs qeen maleko 2021 tzhclandd 353 23 july 2021
Parties
Appellant: Dr. Ngila Mwase; Respondent: Qeen Maleko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 July 2021
Procedural Posture
Land Appeal / Judgment on Appeal From Execution Order of District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Execution of Judgments, Appeals Vs. Revisions, Description of Suit Property, Jurisdiction of Tribunals
Source Language
English
Land Law Civil Procedure Execution of Judgments Appeals Vs. Revisions Description of Suit Property Jurisdiction of Tribunals

Case Brief

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Parties

Dr. Ngila Mwase

Appellant

Qeen Maleko

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Execution Order of District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the execution application before the District Land and Housing Tribunal was proper
  2. 2 Whether the appeal was the correct remedy against an execution order
  3. 3 Whether the decree was sufficiently specific regarding the property to be executed upon

Ratio Decidendi

The court held that the appellant's grievances pertained to the substance and merits of the original decision and the description of the property, which are not matters for determination at the execution stage. The proper remedy for challenging execution proceedings is revision, not appeal. Since the appellant sought to re-open issues already determined by the Ward Tribunal, the appeal was both procedurally and substantively without merit and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed for lack of merit both in substance and form.