jobu mdachi vs elisha messo 2006 tzhc 140 8 may 2006

jobu mdachi vs elisha messo 2006 tzhc 140 8 may 2006

The 1st appellate court erred by considering non-issues and disturbing a decision based on customary law without evidence of unconscionability. However, the trial court failed to consider whether the attached house and shambas were attachable under the law. The proper course is to restore the trial court's decision with a direction for the executing court to investigate the attachability of the properties.

Citation
jobu mdachi vs elisha messo 2006 tzhc 140 8 may 2006
Parties
Appellant: Jobu Mdachi; Respondent: Elisha Messo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 May 2006
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Execution of Judgment, Objection Proceedings, Attachable Property, Customary Law Application
Source Language
English
Civil Procedure Customary Law Execution of Judgment Objection Proceedings Attachable Property Customary Law Application

Case Brief

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Parties

Jobu Mdachi

Appellant

Elisha Messo

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the 1st appellate court erred by considering extraneous matters not before the trial court
  2. 2 Whether the attached properties (house and shambas) were attachable under the law
  3. 3 Whether the decision of the trial court based on Gogo Customary law could be interfered with on appeal

Ratio Decidendi

The 1st appellate court erred by considering non-issues and disturbing a decision based on customary law without evidence of unconscionability. However, the trial court failed to consider whether the attached house and shambas were attachable under the law. The proper course is to restore the trial court's decision with a direction for the executing court to investigate the attachability of the properties.

Court Disposition

appeal allowed

Orders

  • Decision of the 1st appellate court set aside
  • Decision of the lower trial court restored