israel joseph vs stephano joseph 2018 tzhc 2255 8 november 2018

The District Land and Housing Tribunal, having previously found the Ward Tribunal's order unexecutable, was functus officio and lacked jurisdiction to subsequently execute the same order.

Citation: israel joseph vs stephano joseph 2018 tzhc 2255 8 november 2018
Parties: Appellant: Israel Joseph; Respondent: Stephano Joseph
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 2018
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Execution of Judgments, Abuse of Process, Jurisdiction of Tribunals
Source Language: English

Land Law Civil Procedure Execution of Judgments Abuse of Process Jurisdiction of Tribunals

Case Brief

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Parties

Israel Joseph

Appellant

Stephano Joseph

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal could execute a Ward Tribunal order it had previously declared unexecutable
2 Whether filing a fresh application for execution after a finding of unexecutability constitutes abuse of process

Ratio Decidendi

The District Land and Housing Tribunal, having previously found the Ward Tribunal's order unexecutable, was functus officio and lacked jurisdiction to subsequently execute the same order.

Court Disposition

Appeal allowed

Orders

The order of the District Land and Housing Tribunal executing the Ward Tribunal's order is set aside
The proceedings thereof are quashed