NESTORY
The decree holder described the land in dispute during execution proceedings, so the decree was executable and the appeal lacked merit.
- Citation
- NESTORY
- Parties
- Appellant: Nestory Mkandara; Respondent: Audax Mutiganzi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2024
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- Appeal dismissed with cost.
- Legal Topics
- Execution of Decree, Description of Land, Appeal Procedure
- Source Language
- English
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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Parties
Nestory Mkandara
Appellant
Audax Mutiganzi
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the execution order was valid without sufficient description of the land in dispute
Ratio Decidendi
The decree holder described the land in dispute during execution proceedings, so the decree was executable and the appeal lacked merit.
Court Disposition
Appeal dismissed with cost.
Orders
- Appeal dismissed
- Costs awarded to respondent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment