kalebu kiboja mjinja vs shadrack daniel tembe 2021 tzhc 2048 28 january 2021

Execution orders are not appealable under section 74 and Order XL of the Civil Procedure Code; the proper remedies are revision or other procedures provided by law, not appeal.

Citation: kalebu kiboja mjinja vs shadrack daniel tembe 2021 tzhc 2048 28 january 2021
Parties: Appellant: Kalebu Kuboja Mjinja; Respondent: Shadrack Daniel Tembe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 January 2021
Procedural Posture: Civil Appeal / Ruling on Competence of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Appealability of Execution Orders, Execution of Judgments, Right to Appeal
Source Language: English

Civil Procedure Appealability of Execution Orders Execution of Judgments Right to Appeal

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Kalebu Kuboja Mjinja

Appellant

Shadrack Daniel Tembe

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether an execution order or ruling is appealable under Tanzanian law

Ratio Decidendi

Execution orders are not appealable under section 74 and Order XL of the Civil Procedure Code; the proper remedies are revision or other procedures provided by law, not appeal.

Court Disposition

appeal struck out as incompetent

Orders

No order as to costs