emmanuel e mwakasege vs felix andrew samilan 8 others 2023 tzhccomd 398 5 december 2023

emmanuel e mwakasege vs felix andrew samilan 8 others 2023 tzhccomd 398 5 december 2023

Applicant is bona fide purchaser in execution of decree; respondents resisted possession without just cause; applicant entitled to be put into possession and respondents evicted.

Citation
emmanuel e mwakasege vs felix andrew samilan 8 others 2023 tzhccomd 398 5 december 2023
Parties
Applicant: Emmanuel E. Mwakasege; 1st Respondent: Felix Andrew Samilan; 2nd Respondent: Claus Kilongomtwa; 3rd Respondent: Hamisi Ngoma; 4th Respondent: Martini Matiku; 5th Respondent: Yusuph S. Mohamed; 6th Respondent: Philemon Kada; 7th Respondent: Adam Issa Zulu; 8th Respondent: Mohsin Panya; 9th Respondent: Simon
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 December 2023
Procedural Posture
Miscellaneous Commercial Application / Ruling
Outcome
Application granted
Legal Topics
Execution of Decree, Possession of Immovable Property, Resistance to Possession
Source Language
English
Civil Procedure Property Law Execution of Decree Possession of Immovable Property Resistance to Possession

Case Brief

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Parties

Emmanuel E. Mwakasege

Applicant

Felix Andrew Samilan

1st Respondent

Claus Kilongomtwa

2nd Respondent

Hamisi Ngoma

3rd Respondent

Martini Matiku

4th Respondent

Yusuph S. Mohamed

5th Respondent

Philemon Kada

6th Respondent

Adam Issa Zulu

7th Respondent

Mohsin Panya

8th Respondent

Simon

9th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling

Legal Issues

  1. 1 Whether the applicant is the purchaser of immovable property in execution of a decree
  2. 2 Whether respondents resisted or obstructed applicant's possession
  3. 3 Whether resistance was without just cause

Ratio Decidendi

Applicant is bona fide purchaser in execution of decree; respondents resisted possession without just cause; applicant entitled to be put into possession and respondents evicted.

Court Disposition

Application granted

Orders

  • Applicant to be put into possession of Plot No. 295/1, Block 6, CT. No. 57006, Keko Area, Temeke, Dar es Salaam
  • All respondents to be immediately evicted from suit premises