KUNDUNG LOONDUTUNY EDITED 222222

KUNDUNG LOONDUTUNY EDITED 222222

The tribunal's execution order was a nullity as it was based on a non-existent decree or order, and the exceptional circumstances justified the applicant's use of revision jurisdiction.

Citation
KUNDUNG LOONDUTUNY EDITED 222222
Parties
Applicant: Kidung'i Loondutuny; 1st Respondent: Monji Ester Mbaalo; 2nd Respondent: Kakeya Penina Alayen
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2024
Procedural Posture
Land Revision / Judgment
Outcome
Application allowed
Legal Topics
Execution of Decrees, Revision Jurisdiction, Limitation Periods, Withdrawal of Suit, Out of Court Settlement
Source Language
English
Land Law Civil Procedure Execution of Decrees Revision Jurisdiction Limitation Periods Withdrawal of Suit Out of Court Settlement

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Parties

Kidung'i Loondutuny

Applicant

Monji Ester Mbaalo

1st Respondent

Kakeya Penina Alayen

2nd Respondent

Procedural Posture

Land Revision / Judgment

Legal Issues

  1. 1 Whether the tribunal erred in issuing an execution order where no executable decree or order existed
  2. 2 Whether the applicant properly moved the court by revision instead of appeal

Ratio Decidendi

The tribunal's execution order was a nullity as it was based on a non-existent decree or order, and the exceptional circumstances justified the applicant's use of revision jurisdiction.

Court Disposition

Application allowed

Orders

  • Proceedings quashed
  • Execution order set aside