hizza abdul hoza vs the registered trustees of tanzania society for the preservation and care of animals another 2022 tzhclandd 350 31 may 2022

hizza abdul hoza vs the registered trustees of tanzania society for the preservation and care of animals another 2022 tzhclandd 350 31 may 2022

The application is not time barred because the execution proceedings are still pending and the applicant's concern is with the stay of execution and investigation of the property subject to execution, not the judgment itself.

Citation
hizza abdul hoza vs the registered trustees of tanzania society for the preservation and care of animals another 2022 tzhclandd 350 31 may 2022
Parties
Applicant: Hizza Abdul Hoza; 1st Respondent: The Registered Trustees of Tanzania Society for the Preservation and Care of Animals; 2nd Respondent: Dassu Mohamed Mussa (Legal personal Representative of the late Al Hajj Mohamed Mussa)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 May 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Objection Proceedings, Execution of Decree, Limitation of Actions
Source Language
English
Civil Procedure Land Law Objection Proceedings Execution of Decree Limitation of Actions

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Parties

Hizza Abdul Hoza

Applicant

The Registered Trustees of Tanzania Society for the Preservation and Care of Animals

1st Respondent

Dassu Mohamed Mussa (Legal personal Representative of the late Al Hajj Mohamed Mussa)

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred under the Law of Limitation Act
  2. 2 Whether the applicant's property is subject to execution

Ratio Decidendi

The application is not time barred because the execution proceedings are still pending and the applicant's concern is with the stay of execution and investigation of the property subject to execution, not the judgment itself.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant