20161223 TZHC Dodoma

20161223 TZHC Dodoma

Non-compliance with mandatory notice requirements and failure to give the judgment debtor an opportunity to be heard before execution constituted material irregularity, vitiating the execution proceedings and order.

Citation
20161223 TZHC Dodoma
Parties
Applicant: Robert Francis Kawishe; 1st Respondent: Workers Development Corporation (T) Ltd; 2nd Respondent: Mchinga Auction Mart & Real Agency Co. Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2016
Procedural Posture
Land Revision / Ruling on Application for Revision of Execution Proceedings
Outcome
Application allowed
Legal Topics
Execution of Decrees, Right to Be Heard, Procedural Irregularities, Revisional Jurisdiction
Source Language
English
Land Law Civil Procedure Execution of Decrees Right to Be Heard Procedural Irregularities Revisional Jurisdiction

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Parties

Robert Francis Kawishe

Applicant

Workers Development Corporation (T) Ltd

1st Respondent

Mchinga Auction Mart & Real Agency Co. Limited

2nd Respondent

Procedural Posture

Land Revision / Ruling on Application for Revision of Execution Proceedings

Legal Issues

  1. 1 Whether the execution proceedings and order dated 6th August 2014 complied with mandatory legal provisions
  2. 2 Whether failure to issue notice to the judgment debtor vitiated the execution process

Ratio Decidendi

Non-compliance with mandatory notice requirements and failure to give the judgment debtor an opportunity to be heard before execution constituted material irregularity, vitiating the execution proceedings and order.

Court Disposition

Application allowed

Orders

  • Entire proceedings of the District Land and Housing Tribunal quashed
  • Order dated 6th August 2014 set aside