MKUNGU STEPHANO ANOTHER VS VICENT LUGANGIZYA

MKUNGU STEPHANO ANOTHER VS VICENT LUGANGIZYA

Execution was unlawful as it was based on a non-existent decree and affected parties who were not subject to any decree. Even if a decree existed, it was not against the appellants and did not authorize eviction from the whole suit land. Damages are payable for unlawful eviction and destruction of property.

Citation
MKUNGU STEPHANO ANOTHER VS VICENT LUGANGIZYA
Parties
1st Appellant: Mkungu Stephano; 2nd Appellant: Saada Stephano; 1st Respondent: Vicent Lugangizya Kabati; 2nd Respondent: S.I. Isangi Auction Mart and Court Brokers
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 August 2024
Procedural Posture
Land Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Adverse Possession, Damages, Locus Standi, Revisionary Powers
Source Language
English
Land Law Civil Procedure Execution of Decree Adverse Possession Damages Locus Standi Revisionary Powers

Case Brief

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Parties

Mkungu Stephano

1st Appellant

Saada Stephano

2nd Appellant

Vicent Lugangizya Kabati

1st Respondent

S.I. Isangi Auction Mart and Court Brokers

2nd Respondent

Procedural Posture

Land Appeal / Final Judgment

Legal Issues

  1. 1 Whether the execution process was lawful
  2. 2 Whether the decree existed and was executable
  3. 3 Whether the appellants were parties to the decree

Ratio Decidendi

Execution was unlawful as it was based on a non-existent decree and affected parties who were not subject to any decree. Even if a decree existed, it was not against the appellants and did not authorize eviction from the whole suit land. Damages are payable for unlawful eviction and destruction of property.

Court Disposition

Appeal allowed

Orders

  • Decision of District Land and Housing Tribunal quashed
  • Decision of Ngoma Ward Tribunal in case no. 2 of 2007 quashed