geni so kisinza vs deusdedit so kswaya 2020 tzhc 543 31 march 2020

The execution order was improper and null because the underlying Ward Tribunal decision had been set aside, and the matter was still pending; both parties had not been properly heard as required by law and prior court orders.

Citation: geni so kisinza vs deusdedit so kswaya 2020 tzhc 543 31 march 2020
Parties: Appellant: Geni s/o Kisinza; Respondent: Deusdedit s/o Kaswaya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 March 2020
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Execution of Judgments, Jurisdiction of Tribunals, Ex Parte Proceedings, Right to Be Heard, Revisionary Powers
Source Language: English

Land Law Civil Procedure Execution of Judgments Jurisdiction of Tribunals Ex Parte Proceedings Right to Be Heard Revisionary Powers

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Parties

Geni s/o Kisinza

Appellant

Deusdedit s/o Kaswaya

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the execution order was proper given the status of the underlying judgment
2 Whether the trial and appellate tribunals followed due process, including hearing both parties
3 Whether the appellate tribunal had and exercised revisionary powers appropriately

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

All proceedings, ruling, and orders of the appellate tribunal are nullified.
Application No. 48 pending at the District Land and Housing Tribunal to proceed on merit in the presence of both parties.