shabani ally vs ramadhani ally others 2013 tzhc 2242 27 march 2013

Judgment debtors failed to show cause why execution should not be granted; ownership of the houses was conclusively determined in favour of the decree holder; no valid appeal is pending; execution and eviction order is warranted.

Citation: shabani ally vs ramadhani ally others 2013 tzhc 2242 27 march 2013
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 Attachment of Movable Property
Outcome: application granted
Legal Topics: Execution of Decree, Eviction, Ownership Dispute
Source Language: English

Civil Procedure Property Law Execution of Decree Eviction Ownership Dispute

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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 Attachment of Movable Property

Legal Issues

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

Ratio Decidendi

Court Disposition

application granted

Orders

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