20140919 TZHC Iringa

20140919 TZHC Iringa

The appeal is incompetent in law as the appellant failed to first seek to set aside the ex parte judgment in the tribunal that issued it, as required by Order IX Rule 13(1) of the Civil Procedure Code. The sale and transfer of the suit premises to the respondent was lawful, conducted by a duly appointed administratrix, and the respondent is entitled to vacant possession.

Citation
20140919 TZHC Iringa
Parties
Appellant: Magid I Abdulrahaman; Respondent: Anitha Nickson Mdete
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2014
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Vacant Possession, Administration of Estates, Transfer of Property
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Vacant Possession Administration of Estates Transfer of Property

Case Brief

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Parties

Magid I Abdulrahaman

Appellant

Anitha Nickson Mdete

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal against an ex parte judgment is competent without first seeking to set aside the judgment
  2. 2 Whether the sale and transfer of the suit premises to the respondent was lawful
  3. 3 Whether the respondent is entitled to vacant possession

Ratio Decidendi

The appeal is incompetent in law as the appellant failed to first seek to set aside the ex parte judgment in the tribunal that issued it, as required by Order IX Rule 13(1) of the Civil Procedure Code. The sale and transfer of the suit premises to the respondent was lawful, conducted by a duly appointed administratrix, and the respondent is entitled to vacant possession.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Respondent entitled to vacant possession