restituta frank msongole vs maiko mgaya shoo and another 2021 tzhclandd 6698 17 november 2021

The Tribunal erred by dismissing the application for stay of execution instead of striking it out, denying the appellant the opportunity to rectify procedural defects and refile. The correct procedure is to strike out incompetent applications due to missing decree attachments.

Citation: restituta frank msongole vs maiko mgaya shoo and another 2021 tzhclandd 6698 17 november 2021
Parties: Appellant: Restituta Frank Msongole; 1st Respondent: Maiko Ngaya Shoo; 2nd Respondent: Mussa Mwimbe
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 17 November 2021
Procedural Posture: Miscellaneous Land Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Stay of Execution, Procedural Irregularities, Attachment of Decree and Judgment
Source Language: English

Land Law Civil Procedure Stay of Execution Procedural Irregularities Attachment of Decree and Judgment

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Parties

Restituta Frank Msongole

Appellant

Maiko Ngaya Shoo

1st Respondent

Mussa Mwimbe

2nd Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

1 Whether the Tribunal erred in dismissing the application for stay of execution instead of striking it out due to procedural irregularity
2 Whether the requirement to attach a copy of the decree and judgment applies before the Tribunal

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Judgment and decree of the trial Tribunal quashed and set aside.
Parties restored to original position before filing the application to the trial Tribunal.