19701029 TZHC Mwanza

19701029 TZHC Mwanza

The appellant failed to provide evidence or a court order proving payment of the decretal amount or entitlement to a refund; therefore, the order for attachment and sale stands.

Source-derived case information.

Citation
19701029 TZHC Mwanza
Parties
Appellant: Pelician Alfred; Respondent: Sudi Lyiza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 1970
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Execution of Decrees, Attachment and Sale of Property, Recovery of Rent
Source Language
english
Civil Procedure Land Law Execution of Decrees Attachment and Sale of Property Recovery of Rent

Source-derived case record

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Parties

Pelician Alfred

Appellant

Sudi Lyiza

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant had paid the decretal amount of Shs. 350/- to the respondent
  2. 2 Whether there was justification to set aside the order for attachment and sale of the appellant's shamba

Ratio Decidendi

The appellant failed to provide evidence or a court order proving payment of the decretal amount or entitlement to a refund; therefore, the order for attachment and sale stands.

Court Disposition

appeal dismissed

Orders

  • Sale of the appellant's shamba to proceed unless the decretal sum of Shs. 350/- is paid
  • Appellant to pay costs fixed at Shs. 100/-