hamisi ndigize ludovic ezdel vs jonas mheza 2021 tzhc 9547 5 november 2021
Execution orders from the District Land and Housing Tribunal are not appealable to the High Court; the proper remedy is revision, not appeal.
- Citation
- hamisi ndigize ludovic ezdel vs jonas mheza 2021 tzhc 9547 5 november 2021
- Parties
- Appellant: Hamisi Ndigize; Appellant: Ludovic Ezdel; Respondent: Jonas Mheza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 November 2021
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appealability of Execution Orders, Right to Be Heard, Bonafide Purchaser, Execution Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hamisi Ndigize
Appellant
Ludovic Ezdel
Appellant
Jonas Mheza
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether an execution order from the District Land and Housing Tribunal is appealable to the High Court
- 2 Whether the appellants were denied the right to be heard
- 3 Whether the 1st appellant is a bonafide purchaser
Ratio Decidendi
Execution orders from the District Land and Housing Tribunal are not appealable to the High Court; the proper remedy is revision, not appeal.
Court Disposition
appeal dismissed
Full Case Text
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