felician andrea and another vs praxeda cosma 2021 tzhc 7314 29 october 2021

felician andrea and another vs praxeda cosma 2021 tzhc 7314 29 october 2021

The appellants, having failed to appeal the Ward Tribunal's decision in time or object during execution proceedings, cannot challenge the execution order. The District Land and Housing Tribunal acted within its powers, and the appeal is without merit.

Citation
felician andrea and another vs praxeda cosma 2021 tzhc 7314 29 october 2021
Parties
Appellant: FELICIAN ANDREA; Appellant: REMIGIUS FELISIAN; Respondent: PRAXEDA COSMA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal Against Execution Order
Outcome
Appeal dismissed with costs
Legal Topics
Execution of Judgment, Right of Appeal, Jurisdiction, Assessment of Tribunal Procedure
Source Language
English
Land Law Civil Procedure Execution of Judgment Right of Appeal Jurisdiction Assessment of Tribunal Procedure

Case Brief

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Parties

FELICIAN ANDREA

Appellant

REMIGIUS FELISIAN

Appellant

PRAXEDA COSMA

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal Against Execution Order

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in allowing execution of the Ward Tribunal's decision
  2. 2 Whether the appellants were denied the right to be heard
  3. 3 Whether assessors' opinions were required in execution proceedings

Ratio Decidendi

The appellants, having failed to appeal the Ward Tribunal's decision in time or object during execution proceedings, cannot challenge the execution order. The District Land and Housing Tribunal acted within its powers, and the appeal is without merit.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Respondent to proceed with execution processes