20140404 TZHC Mbeya
Eviction was unlawful due to absence of executable decree and application for execution as required by law. Reinstatement is not ordered due to practical inconvenience and elapsed time since eviction.
- Citation
- 20140404 TZHC Mbeya
- Parties
- Appellant: Godwon Mwakimi; Appellant: Ezekia T. Mwalusamba; Appellant: Jenifer Jackson Shaoj; Respondent: Harold Joram Simon; Respondent: Ernest Mwandenukai
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 April 2014
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal partly succeeds and partly fails
- Legal Topics
- Eviction, Stay of Execution, Execution of Decrees, Reinstatement, Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Godwon Mwakimi
Appellant
Ezekia T. Mwalusamba
Appellant
Jenifer Jackson Shaoj
Appellant
Harold Joram Simon
Respondent
Ernest Mwandenukai
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 lawfulness of eviction
- 2 procedural compliance in execution
- 3 right to reinstatement after unlawful eviction
Ratio Decidendi
Eviction was unlawful due to absence of executable decree and application for execution as required by law. Reinstatement is not ordered due to practical inconvenience and elapsed time since eviction.
Court Disposition
appeal partly succeeds and partly fails
Orders
- status quo maintained: all suit stalls remain padlocked and unused by any party pending main appeal judgment
- security of all suit stalls is respondent's burden until directed otherwise
Full Case Text
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