john cosmas matimila vs john csmas matimila msimamizi wa mirathi ya marehem cosmas paul matimila 2023 tzhclandd 16803 24 august 2023

john cosmas matimila vs john csmas matimila msimamizi wa mirathi ya marehem cosmas paul matimila 2023 tzhclandd 16803 24 august 2023

The application for review was filed within the prescribed time, and the Tribunal erred in allowing execution of a judgment already set aside by the High Court. The Tribunal's orders were contrary to the High Court's directives and are therefore set aside.

Source-derived case information.

Citation
john cosmas matimila vs john csmas matimila msimamizi wa mirathi ya marehem cosmas paul matimila 2023 tzhclandd 16803 24 august 2023
Parties
Appellant: John Cosmas Matimila; Respondent: John Cosmas Matimila (Administrator of the estate of the late Cosmas Paul Matimila)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2023
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appeal, Limitation of Time, Execution of Judgment, Review of Decisions
Source Language
en
Land Law Civil Procedure Appeal Limitation of Time Execution of Judgment Review of Decisions

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Parties

John Cosmas Matimila

Appellant

John Cosmas Matimila (Administrator of the estate of the late Cosmas Paul Matimila)

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the application for review was filed within the prescribed time
  2. 2 Whether the District Land and Housing Tribunal erred in allowing execution of a judgment already set aside
  3. 3 Whether the Tribunal erred in failing to comply with the High Court's orders

Ratio Decidendi

The application for review was filed within the prescribed time, and the Tribunal erred in allowing execution of a judgment already set aside by the High Court. The Tribunal's orders were contrary to the High Court's directives and are therefore set aside.

Court Disposition

appeal allowed

Orders

  • The decision of the District Land and Housing Tribunal for Temeke in Misc. Application No. 32/2023 dated 07/06/2023 is set aside.
  • The application for review No. 32/2023 was filed within time and must be heard within sixty days from the date of this judgment.