paschal elly msigwa vs jubilee insurance co ltd 2023 tzhc 15684 9 february 2023

Execution proceedings cannot be initiated without an extracted and signed decree; the absence of a decree renders the application incompetent.

Citation: paschal elly msigwa vs jubilee insurance co ltd 2023 tzhc 15684 9 february 2023
Parties: Appellant: Paschal Elly Msigwa; Respondent: Jubilee Insurance Co. Ltd.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 February 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Execution of Decrees, Difference Between Judgment and Decree, Remedy for Defective Execution Application
Source Language: English

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Paschal Elly Msigwa

Appellant

Jubilee Insurance Co. Ltd.

Respondent

Civil Appeal / Judgment

1 Whether an application for execution can proceed without an extracted decree
2 Whether the date of pronouncement or signing of decree determines accrual of right to execute

Execution proceedings cannot be initiated without an extracted and signed decree; the absence of a decree renders the application incompetent.

appeal dismissed with costs

Case records remitted to Trial Court for preparation and signing of decree by successor Magistrate in accordance with judgment date