20090312 TZCA Dar es Salaam

20090312 TZCA Dar es Salaam

The Court of Appeal has jurisdiction to restrain execution of the eviction order issued by the DLHT because the subject matter is the same as in the intended appeal for which leave has been granted. Allowing execution would render the appeal nugatory, and the applicant, having no locus in the lower tribunals, is entitled to seek relief from the Court of Appeal.

Citation
20090312 TZCA Dar es Salaam
Parties
Applicant: National Housing Corporation; 1st Respondent: Hamisi Luswaga; 2nd Respondent: Peter Kasidi; 3rd Respondent: Christopher Seme; 4th Respondent: Adili Auction Mart
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 March 2009
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Jurisdiction, Res Judicata, Injunctions, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Jurisdiction Res Judicata Injunctions Appeals

Case Brief

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Parties

National Housing Corporation

Applicant

Hamisi Luswaga

1st Respondent

Peter Kasidi

2nd Respondent

Christopher Seme

3rd Respondent

Adili Auction Mart

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to restrain execution of an eviction order issued by a subordinate land tribunal when the applicant was not a party to the original proceedings
  2. 2 Whether the subject matter of the intended appeal and the execution proceedings are the same, justifying a stay of execution

Ratio Decidendi

The Court of Appeal has jurisdiction to restrain execution of the eviction order issued by the DLHT because the subject matter is the same as in the intended appeal for which leave has been granted. Allowing execution would render the appeal nugatory, and the applicant, having no locus in the lower tribunals, is entitled to seek relief from the Court of Appeal.

Court Disposition

Application granted

Orders

  • Respondents restrained from executing the Eviction Order issued by the DLHT for Kinondoni District vide Miscellaneous Application No 55 of 2005 dated 15th February 2007 pending the hearing of the intended appeal.
  • Costs of the application to abide the result of the intended appeal.