20120506 TZHC Dar es Salaam

The High Court lacks jurisdiction to entertain the chamber application for demolition and arrest after a notice of appeal has been lodged, as it is functus officio and not an executing court.

Citation: 20120506 TZHC Dar es Salaam
Parties: Appellant: Rubeya Mohamed; Respondent: Blantive Rugagala
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 May 2012
Procedural Posture: Land Appeal / Ruling on Post Judgment Chamber Application
Outcome: Chamber application struck out for want of jurisdiction.
Legal Topics: Jurisdiction, Execution of Judgments, Functus Officio, Demolition Orders, Arrest Warrants
Source Language: English

Land Law Civil Procedure Jurisdiction Execution of Judgments Functus Officio Demolition Orders Arrest Warrants

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Parties

Rubeya Mohamed

Appellant

Blantive Rugagala

Respondent

Procedural Posture

Land Appeal / Ruling on Post Judgment Chamber Application

Legal Issues

1 Whether the High Court has jurisdiction to issue demolition and arrest orders after a notice of appeal has been lodged
2 Whether the High Court is the proper executing court for enforcement of its own decree

Ratio Decidendi

The High Court lacks jurisdiction to entertain the chamber application for demolition and arrest after a notice of appeal has been lodged, as it is functus officio and not an executing court.

Court Disposition

Chamber application struck out for want of jurisdiction.

Orders

Chamber application filed on 19/9/2012 is struck out for want of jurisdiction.
Parties to proceed with the hearing of the application for leave to appeal filed on 30th August, 2011.