ibrahim kigombe vs mary sange 2 others 2024 tzhc 301 15 february 2024
The appeal is dismissed because execution orders are not appealable under section 74 and 75 of the Civil Procedure Code, and the appellant's complaint regarding depreciation does not fall within the statutory grounds for appeal.
- Citation
- ibrahim kigombe vs mary sange 2 others 2024 tzhc 301 15 february 2024
- Parties
- Appellant: Ibrahim Kigombe; 1st Respondent: Mary Sange; 2nd Respondent: Mara Microfinance Co Ltd; 3rd Respondent: Kindo Biswaro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2024
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeals, Execution of Decrees, Non Appealable Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ibrahim Kigombe
Appellant
Mary Sange
1st Respondent
Mara Microfinance Co Ltd
2nd Respondent
Kindo Biswaro
3rd Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the execution order issued by the Resident Magistrate Court is appealable under section 74 and 75 of the Civil Procedure Code
- 2 Whether the appellant is entitled to a new motor vehicle due to depreciation of the delivered vehicle
Ratio Decidendi
The appeal is dismissed because execution orders are not appealable under section 74 and 75 of the Civil Procedure Code, and the appellant's complaint regarding depreciation does not fall within the statutory grounds for appeal.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
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