amelo ibrahim myovela vs rutale hosea mpogole 2023 tzhc 20027 11 august 2023
The application was struck out because jurisdictional errors cannot be cured by the overriding objective principle; matters of jurisdiction must be established by pleadings.
- Citation
- amelo ibrahim myovela vs rutale hosea mpogole 2023 tzhc 20027 11 august 2023
- Parties
- Decree Holder: Amelo Ibrahim Myovela; Judgment Debtor: Rutale Hosea Mpogole
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 August 2023
- Procedural Posture
- Execution Application / Ruling on Objection
- Outcome
- application struck out
- Legal Topics
- Execution of Decrees, Jurisdiction, Application Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Amelo Ibrahim Myovela
Decree Holder
Rutale Hosea Mpogole
Judgment Debtor
Procedural Posture
Execution Application / Ruling on Objection
Legal Issues
- 1 Whether the application for execution is competent given the cited legal provisions and jurisdictional issues
Ratio Decidendi
The application was struck out because jurisdictional errors cannot be cured by the overriding objective principle; matters of jurisdiction must be established by pleadings.
Court Disposition
application struck out
Full Case Text
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