mtemi naluyaga vs yahaya anwar abdallah others 2018 tzhclandd 157 19 june 2018

mtemi naluyaga vs yahaya anwar abdallah others 2018 tzhclandd 157 19 june 2018

The suit is incompetent as it seeks to enforce execution of a decree, which must be done in the Tribunal that issued the decree under Order XXI Rule 95 of the Civil Procedure Code. The High Court lacks jurisdiction to entertain the suit for execution purposes.

Citation
mtemi naluyaga vs yahaya anwar abdallah others 2018 tzhclandd 157 19 june 2018
Parties
Plaintiff: Mtemi Naluyaga; 1st Defendant: Yahaya Anwar Abdallah; 2nd Defendant: Said Mohamed Khamis; 3rd Defendant: Omary Mohamed Said; 4th Defendant: John Ferninand Kimbori; 5th Defendant: Mgaya Juma Chedi; 6th Defendant: Ali Ablesh Said; 7th Defendant: Abrahamani Ally Issa; 8th Defendant: Hassan Mohamed Abdallah
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 June 2018
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Execution of Decrees, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Execution of Decrees Jurisdiction Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mtemi Naluyaga

Plaintiff

Yahaya Anwar Abdallah

1st Defendant

Said Mohamed Khamis

2nd Defendant

Omary Mohamed Said

3rd Defendant

John Ferninand Kimbori

4th Defendant

Mgaya Juma Chedi

5th Defendant

Ali Ablesh Said

6th Defendant

Abrahamani Ally Issa

7th Defendant

Hassan Mohamed Abdallah

8th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent as it seeks to enforce execution that should be handled by the Tribunal
  2. 2 Whether the amended plaint contravened the court's amendment order

Ratio Decidendi

The suit is incompetent as it seeks to enforce execution of a decree, which must be done in the Tribunal that issued the decree under Order XXI Rule 95 of the Civil Procedure Code. The High Court lacks jurisdiction to entertain the suit for execution purposes.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out with costs to the defendants