hamisa mussa vs sukari izungilo maribate 4 others 2022 tzhc 12387 31 august 2022

Objection proceedings under Order XXI of the Civil Procedure Code are not appealable; appellant's remedy is to file a fresh suit to establish her rights.

Citation: hamisa mussa vs sukari izungilo maribate 4 others 2022 tzhc 12387 31 august 2022
Parties: Appellant: Hamisa Mussa; 1st Respondent: Sukariizungilo Maribate; 2nd Respondent: Romulus Musunga; 3rd Respondent: Suka Security Co. Ltd & Court Brokers; 4th Respondent: Eldang Auctioners; 5th Respondent: Daniel A. Lili
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 August 2022
Procedural Posture: Land Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Objection Proceedings, Spousal Consent, Mortgage, Execution of Decree, Appealability
Source Language: English

Civil Procedure Land Law Objection Proceedings Spousal Consent Mortgage Execution of Decree Appealability

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Hamisa Mussa

Appellant

Sukariizungilo Maribate

1st Respondent

Romulus Musunga

2nd Respondent

Suka Security Co. Ltd & Court Brokers

3rd Respondent

Eldang Auctioners

4th Respondent

Daniel A. Lili

5th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the appellant consented to the mortgage of matrimonial property
2 Whether the DLHT erred by ignoring evidence regarding the genuineness of the signature
3 Whether the DLHT erred by pronouncing its ruling without awaiting handwriting expert report

Ratio Decidendi

Objection proceedings under Order XXI of the Civil Procedure Code are not appealable; appellant's remedy is to file a fresh suit to establish her rights.

Court Disposition

appeal dismissed