nizar abdallah hirji vs rehema salumu abdallah 2021 tzhc 9517 26 november 2021

nizar abdallah hirji vs rehema salumu abdallah 2021 tzhc 9517 26 november 2021

The High Court lacks jurisdiction to entertain an application challenging the Deputy Registrar's execution ruling under section 38(1) of the Civil Procedure Code, as such matters are to be determined by the executing court. The application is unprocedural and misconceived.

Source-derived case information.

Citation
nizar abdallah hirji vs rehema salumu abdallah 2021 tzhc 9517 26 november 2021
Parties
Applicant: Nizar Abdallah Hirji; Respondent: Rehema Salumu Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application dismissed
Legal Topics
Execution of Decree, Jurisdiction, Limitation of Actions, Matrimonial Property Distribution
Source Language
english
Family Law Civil Procedure Execution of Decree Jurisdiction Limitation of Actions Matrimonial Property Distribution

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Parties

Nizar Abdallah Hirji

Applicant

Rehema Salumu Abdallah

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise the Deputy Registrar's execution ruling under section 38(1) of the Civil Procedure Code
  2. 2 Whether the application was filed within the prescribed limitation period
  3. 3 Whether partitioning of matrimonial property was lawful as a mode of execution

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application challenging the Deputy Registrar's execution ruling under section 38(1) of the Civil Procedure Code, as such matters are to be determined by the executing court. The application is unprocedural and misconceived.

Court Disposition

Application dismissed

Orders

  • No order as to costs