20130327 TZHC Arusha

20130327 TZHC Arusha

Judgment debtors failed to show cause against execution; ownership of the properties was conclusively determined in prior proceedings; no valid appeal is pending; execution and eviction order is warranted.

Citation
20130327 TZHC Arusha
Parties
Applicant/decree Holder: Shabani Ally; 1st Judgment Debtor: Ramadhani Ally; 2nd Judgment Debtor: Daima Ally; 3rd Judgment Debtor: Hadija Ally
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2013
Procedural Posture
Civil Appeal / Ruling on Application for Execution and Eviction Order
Outcome
application granted
Legal Topics
Execution of Decree, Eviction, Ownership Dispute, Attachment of Property
Source Language
English
Civil Procedure Property Law Execution of Decree Eviction Ownership Dispute Attachment of Property

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Parties

Shabani Ally

Applicant/decree Holder

Ramadhani Ally

1st Judgment Debtor

Daima Ally

2nd Judgment Debtor

Hadija Ally

3rd Judgment Debtor

Procedural Posture

Civil Appeal / Ruling on Application for Execution and Eviction Order

Legal Issues

  1. 1 Whether the decree holder is entitled to execution and eviction order against the judgment debtors
  2. 2 Whether the judgment debtors have shown cause to resist execution

Ratio Decidendi

Judgment debtors failed to show cause against execution; ownership of the properties was conclusively determined in prior proceedings; no valid appeal is pending; execution and eviction order is warranted.

Court Disposition

application granted

Orders

  • Eviction order granted against the judgment debtors as prayed in the application for execution filed on 9th July, 2012.