2782 0f 2024 scnd 1
Execution orders of the District Land and Housing Tribunal are not appealable to the High Court; the proper remedy is to file an application for revision, not an appeal.
- Citation
- 2782 0f 2024 scnd 1
- Parties
- Appellant: Rajabu Iddi Kikoti; 1st Respondent: Access Bank Tanzania Limited; 2nd Respondent: Wenceslaus Boniface Mleke; 3rd Respondent: Koti Brothers Company Limited; 4th Respondent: Time Miracle Limited; 5th Respondent: Darlington Marufu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Land Appeal / Ruling on Preliminary Issue Regarding Appealability of Execution Orders
- Outcome
- Appeal struck out as incompetent
- Legal Topics
- Appealability of Execution Orders, Jurisdiction of District Land and Housing Tribunal, Application of Civil Procedure Code in Land Matters
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rajabu Iddi Kikoti
Appellant
Access Bank Tanzania Limited
1st Respondent
Wenceslaus Boniface Mleke
2nd Respondent
Koti Brothers Company Limited
3rd Respondent
Time Miracle Limited
4th Respondent
Darlington Marufu
5th Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Issue Regarding Appealability of Execution Orders
Legal Issues
- 1 Whether execution orders of the District Land and Housing Tribunal are appealable to the High Court
Ratio Decidendi
Execution orders of the District Land and Housing Tribunal are not appealable to the High Court; the proper remedy is to file an application for revision, not an appeal.
Court Disposition
Appeal struck out as incompetent
Orders
- Appeal is struck out with no order as to costs
Full Case Text
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