Juma Sima

Juma Sima

The decree was not executable as it did not confer any enforceable right or direction to the respondents; the execution order was wrongful and marred by material error involving injustice; the Tribunal's order is quashed.

Citation
Juma Sima
Parties
Applicant: Juma Sima; Respondent: Paschali Saghari; Respondent: Diamond Credit Recovery Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Miscellaneous Civil Application / Revision of Execution Order
Outcome
execution order quashed
Legal Topics
Execution of Decrees, Revisional Jurisdiction, Limitation Period, Territorial Jurisdiction, Legal Personality
Source Language
English
Civil Procedure Land Law Execution of Decrees Revisional Jurisdiction Limitation Period Territorial Jurisdiction Legal Personality

Case Brief

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Parties

Juma Sima

Applicant

Paschali Saghari

Respondent

Diamond Credit Recovery Co. Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Revision of Execution Order

Legal Issues

  1. 1 Whether the execution order issued by Hanang' District Land and Housing Tribunal was lawful and executable
  2. 2 Whether the application for execution was time-barred
  3. 3 Whether the Tribunal had territorial jurisdiction to entertain the execution application

Ratio Decidendi

The decree was not executable as it did not confer any enforceable right or direction to the respondents; the execution order was wrongful and marred by material error involving injustice; the Tribunal's order is quashed.

Court Disposition

execution order quashed

Orders

  • execution order passed by Hanang' District Land and Housing Tribunal quashed
  • each party to bear its own costs