onesmo samwel kisabo and another vs james kitindi 2021 tzhc 6471 27 september 2021

onesmo samwel kisabo and another vs james kitindi 2021 tzhc 6471 27 september 2021

The District Court lacked jurisdiction to entertain an appeal from objection proceedings, as such orders are not appealable. The failure to involve judgment debtors in the objection proceedings was a fatal irregularity under Rule 70(2) of GN 310 of 1964. Reliance on the Civil Procedure Code was improper. Both trial and appellate proceedings are quashed and the matter is remitted for de novo hearing with all necessary parties involved.

Citation
onesmo samwel kisabo and another vs james kitindi 2021 tzhc 6471 27 september 2021
Parties
1st Appellant: Onesmo Samwel Kisabo; 2nd Appellant: Elias Masonga; Respondent: James Kitindi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 2021
Procedural Posture
PC Civil Appeal / Judgment on Appeal and Revision
Outcome
Appeal allowed; proceedings and orders of both trial and appellate courts quashed for fatal irregularity.
Legal Topics
Objection Proceedings, Appealability, Jurisdiction, Attachment of Property, Stamp Duty, Procedural Irregularities
Source Language
English
Civil Procedure Execution of Judgments Objection Proceedings Appealability Jurisdiction Attachment of Property Stamp Duty Procedural Irregularities

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Parties

Onesmo Samwel Kisabo

1st Appellant

Elias Masonga

2nd Appellant

James Kitindi

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Appeal and Revision

Legal Issues

  1. 1 Whether decisions arising from objection proceedings are appealable
  2. 2 Whether failure to involve judgment debtors in objection proceedings is fatal
  3. 3 Whether reliance on inapplicable law (Civil Procedure Code) vitiates proceedings

Ratio Decidendi

The District Court lacked jurisdiction to entertain an appeal from objection proceedings, as such orders are not appealable. The failure to involve judgment debtors in the objection proceedings was a fatal irregularity under Rule 70(2) of GN 310 of 1964. Reliance on the Civil Procedure Code was improper. Both trial and appellate proceedings are quashed and the matter is remitted for de novo hearing with all necessary parties involved.

Court Disposition

Appeal allowed; proceedings and orders of both trial and appellate courts quashed for fatal irregularity.

Orders

  • Objection proceedings to be heard de novo by another Magistrate with competent jurisdiction and new assessors, involving all parties including judgment debtors.
  • Matter remitted for fresh hearing.