20140919 TZHC Iringa

20140919 TZHC Iringa

The appeal was incompetent as the appellant failed to first apply to set aside the ex parte judgment as required by law. Additionally, the sale of the suit premises to the respondent was lawful, as the administratrix acted within her powers and there was no court order restraining her at the time of sale.

Citation
20140919 TZHC Iringa
Parties
Appellant: Magidi Abdulrahaman; Respondent: Anitra Nickson Mdete
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2014
Procedural Posture
Land Appeal / Appeal From Ex Parte Judgment of District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Decree, Powers of Administratrix, Transfer of Property, Appeal Procedure
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Decree Powers of Administratrix Transfer of Property Appeal Procedure

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Parties

Magidi Abdulrahaman

Appellant

Anitra Nickson Mdete

Respondent

Procedural Posture

Land Appeal / Appeal From Ex Parte Judgment of District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant could appeal directly against an ex parte judgment without first applying to set it aside
  2. 2 Whether the sale of the suit premises to the respondent was lawful given the pending application to remove the administratrix

Ratio Decidendi

The appeal was incompetent as the appellant failed to first apply to set aside the ex parte judgment as required by law. Additionally, the sale of the suit premises to the respondent was lawful, as the administratrix acted within her powers and there was no court order restraining her at the time of sale.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs