20151008 TZHC Mwanza

20151008 TZHC Mwanza

Appellant was not entitled to costs as his execution application was struck out for being overtaken by events, and respondents were wrongly joined in execution proceedings as they were not parties to the original case.

Citation
20151008 TZHC Mwanza
Parties
Appellant: Haruna Abdallah; Respondent: Vedasto Mazigo; Respondent: Deo Mtaki; Respondent: Robert Ndokeji; Respondent: Semeni Najibv
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 October 2015
Procedural Posture
Miscellaneous Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Tribunal Decisions, Joinder of Parties, Award of Costs
Source Language
English
Land Law Execution of Tribunal Decisions Joinder of Parties Award of Costs

Case Brief

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Parties

Haruna Abdallah

Appellant

Vedasto Mazigo

Respondent

Deo Mtaki

Respondent

Robert Ndokeji

Respondent

Semeni Najibv

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

  1. 1 Whether costs should have been awarded to the appellant after dismissal of execution application
  2. 2 Whether respondents were properly joined in execution proceedings

Ratio Decidendi

Appellant was not entitled to costs as his execution application was struck out for being overtaken by events, and respondents were wrongly joined in execution proceedings as they were not parties to the original case.

Court Disposition

appeal dismissed

Orders

  • proceedings before the District Land and Housing Tribunal are nullified
  • no order as to costs