magreth elias mathias vs jacob chacha range and 5 others 2021 tzhc 2039 29 january 2021

The house attached, sold, and subject to eviction was occupied by the judgment debtor, his wife, and children, making it non-attachable under Tanzanian law; all execution processes regarding the house were illegal.

Citation: magreth elias mathias vs jacob chacha range and 5 others 2021 tzhc 2039 29 january 2021
Parties: Applicant: Magreth Elias Mathias; 1st Respondent: Jacob Chacha Range; 2nd Respondent: Nyandege Joseph Chacha; 3rd Respondent: Dommy Athuman Juma; 4th Respondent: Max Marwa Masase; 5th Respondent: Alex Mugabo; 6th Respondent: John Mwikwabe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 January 2021
Procedural Posture: Land Revision / Judgment
Outcome: application allowed
Legal Topics: Attachment of Property, Matrimonial Home, Execution of Decrees, Eviction, Sale of Immovable Property
Source Language: English

Civil Procedure Land Law Family Law Attachment of Property Matrimonial Home Execution of Decrees Eviction Sale of Immovable Property

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Magreth Elias Mathias

Applicant

Jacob Chacha Range

1st Respondent

Nyandege Joseph Chacha

2nd Respondent

Dommy Athuman Juma

3rd Respondent

Max Marwa Masase

4th Respondent

Alex Mugabo

5th Respondent

John Mwikwabe

6th Respondent

Procedural Posture

Land Revision / Judgment

Legal Issues

1 Whether the execution process that resulted in the sale of the house located on Plot 247 Block 'A' Ronsoti area in Tarime was lawful

Ratio Decidendi

Court Disposition

application allowed

Orders

Attachment order issued on 16.04.2018 and approved on 25.06.2018 in respect of the house is nullified.
Actual act of attachment by Dommy Athuman Juma is a nullity.