CIVIL APPEAL NO

CIVIL APPEAL NO

Execution orders from the Resident Magistrate’s Court, except those specifically listed in section 74(1) and Order XL Rule 1 of the Civil Procedure Code, are not appealable to the High Court. The appellant’s appeal against the execution order is incompetent and must be struck out. The proper remedy is revision, not appeal.

Citation
CIVIL APPEAL NO
Parties
Appellant: Richard Augustino Zuberi; 1st Respondent: Tanzindia Assurance Company Limited; 2nd Respondent: CMC Automobile Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Appeal / Judgment on Appeal Against Execution Order
Outcome
appeal struck out as incompetent
Legal Topics
Appealability of Execution Orders, Interest on Decretal Sum, Res Judicata, Execution Proceedings
Source Language
English
Civil Procedure Appealability of Execution Orders Interest on Decretal Sum Res Judicata Execution Proceedings

Case Brief

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Parties

Richard Augustino Zuberi

Appellant

Tanzindia Assurance Company Limited

1st Respondent

CMC Automobile Limited

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Execution Order

Legal Issues

  1. 1 Whether execution orders from the Resident Magistrate’s Court are appealable to the High Court
  2. 2 Whether the appellant is entitled to further interest after the filing of the first execution application
  3. 3 Whether the subsequent execution application is barred by res judicata

Ratio Decidendi

Execution orders from the Resident Magistrate’s Court, except those specifically listed in section 74(1) and Order XL Rule 1 of the Civil Procedure Code, are not appealable to the High Court. The appellant’s appeal against the execution order is incompetent and must be struck out. The proper remedy is revision, not appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out with no order as to costs.
  • Right of appeal explained.