19940526 TZHC Dodoma

19940526 TZHC Dodoma

The proceedings and orders made by the District Court regarding the respondent's application, except for the proceedings and observations of the visit to the disputed cattle, are declared a nullity and set aside. The respondent's application is to be heard on merit by the same Magistrate who made the visit, as the matter was not properly or fully considered previously.

Citation
19940526 TZHC Dodoma
Parties
Appellant: J. MNIDI; Appellant: MNGUMI NUNIA; Appellant: SLUA NKOTI NTA; Respondent: L. TIDOMINI MUGHONA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 May 1994
Procedural Posture
Civil Appeal / Judgment
Outcome
proceedings and orders (except for the visit and its observations) declared a nullity and set aside; matter remitted for rehearing by the same Magistrate who made the visit; no order as to costs
Legal Topics
Execution of Decrees, Attachment of Property, Objector Proceedings
Source Language
English
Civil Procedure Execution of Decrees Attachment of Property Objector Proceedings

Case Brief

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Parties

J. MNIDI

Appellant

MNGUMI NUNIA

Appellant

SLUA NKOTI NTA

Appellant

L. TIDOMINI MUGHONA

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the attachment of 14 heads of cattle, instead of 8 as ordered by the High Court, was proper
  2. 2 Whether the 6 additional heads of cattle (calves) belonged to the respondent or were subject to attachment

Ratio Decidendi

The proceedings and orders made by the District Court regarding the respondent's application, except for the proceedings and observations of the visit to the disputed cattle, are declared a nullity and set aside. The respondent's application is to be heard on merit by the same Magistrate who made the visit, as the matter was not properly or fully considered previously.

Court Disposition

proceedings and orders (except for the visit and its observations) declared a nullity and set aside; matter remitted for rehearing by the same Magistrate who made the visit; no order as to costs

Orders

  • All proceedings and orders made before the District Court regarding the respondent's application, except for proceedings regarding the visit and its observations, are declared a nullity and set aside.
  • The respondent's application shall be heard on merit by the same Magistrate who made the visit of 15/4/93.