elizabeth t balali vs peter samo and another 2021 tzhclandd 532 29 september 2021

elizabeth t balali vs peter samo and another 2021 tzhclandd 532 29 september 2021

An appeal does not lie against an execution order arising from a consent decree as per section 70(3) of the Civil Procedure Code. The appellant's challenge is therefore misplaced and the appeal is dismissed.

Citation
elizabeth t balali vs peter samo and another 2021 tzhclandd 532 29 september 2021
Parties
Appellant: Elizabeth T. Balali; 1st Respondent: Peter Amo; 2nd Respondent: Titi Ponsian Nsabi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 September 2021
Procedural Posture
Land Appeal / Judgment on Appeal From Execution Order
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Appeals From Consent Decrees, Attachment and Sale of Property
Source Language
English
Land Law Civil Procedure Execution of Decrees Appeals From Consent Decrees Attachment and Sale of Property

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Parties

Elizabeth T. Balali

Appellant

Peter Amo

1st Respondent

Titi Ponsian Nsabi

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Execution Order

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in allowing execution contrary to the decree
  2. 2 Whether an appeal lies against an execution order arising from a consent decree
  3. 3 Whether the attached property was properly subject to execution

Ratio Decidendi

An appeal does not lie against an execution order arising from a consent decree as per section 70(3) of the Civil Procedure Code. The appellant's challenge is therefore misplaced and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety without costs