20120717 TZHC Dar es Salaam

20120717 TZHC Dar es Salaam

The tribunal's vacation of the demolition order rendered the judgment ineffective and was not supported by the decree; the only way to fulfill the decree was to demolish the structures and hand over the land to the appellant.

Citation
20120717 TZHC Dar es Salaam
Parties
Appellant: Elizer Godson Malogosa; Respondent: Grays Mahela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 July 2012
Procedural Posture
Miscellaneous Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal upheld
Legal Topics
Execution of Decree, Ownership of Land, Demolition Orders, Functus Officio
Source Language
English
Land Law Execution of Decree Ownership of Land Demolition Orders Functus Officio

Case Brief

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Parties

Elizer Godson Malogosa

Appellant

Grays Mahela

Respondent

Procedural Posture

Miscellaneous Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was functus officio when entertaining the chamber summons for stay of execution
  2. 2 Whether the tribunal erred in vacating its demolition order
  3. 3 Whether relevant evidence and court broker's report were ignored

Ratio Decidendi

The tribunal's vacation of the demolition order rendered the judgment ineffective and was not supported by the decree; the only way to fulfill the decree was to demolish the structures and hand over the land to the appellant.

Court Disposition

Appeal upheld

Orders

  • The decision of the District Land and Housing Tribunal vacating the demolition order is nullified
  • No order as to costs