19710510 TZHC Mwanza6

The appellant's complaints were baseless; he was liable for the rent arrears, and the sale of his shamba should proceed to satisfy the decretal amount and costs.

Citation: 19710510 TZHC Mwanza6
Parties: Appellant: Hurbert Hugiziba; Respondent: C.D. Mmr
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 May 1971
Procedural Posture: Civil Appeal / Appellate
Outcome: Appeal dismissed
Legal Topics: Enforcement of Judgment, Execution of Decree, Landlord Tenant Dispute, Appeal Procedure
Source Language: English

Civil Law Landlord and Tenant Enforcement of Judgment Execution of Decree Landlord Tenant Dispute Appeal Procedure

Case Brief

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Parties

Hurbert Hugiziba

Appellant

C.D. Mmr

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

1 Whether the sale of the appellant's shamba should proceed to satisfy the unpaid decretal amount
2 Whether the appellant's complaints against execution proceedings have merit

Ratio Decidendi

The appellant's complaints were baseless; he was liable for the rent arrears, and the sale of his shamba should proceed to satisfy the decretal amount and costs.

Court Disposition

Appeal dismissed

Orders

Sale of the appellant's shamba to proceed forthwith to realise the balance of the decretal amount and full costs unless parties reach another agreement
Respondent awarded full costs fixed at sh200/-