rubeya mohamedi vs blantiye rugagara 2012 tzhc 190 6 may 2012

rubeya mohamedi vs blantiye rugagara 2012 tzhc 190 6 may 2012

The High Court cannot entertain the chamber application for demolition or arrest as it is functus officio after notice of appeal is lodged and lacks jurisdiction to execute its own decree; such matters must be addressed in the executing court.

Citation
rubeya mohamedi vs blantiye rugagara 2012 tzhc 190 6 may 2012
Parties
Appellant: Rubeya Mohamed; Respondent: Blantiye Rugagara
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 May 2012
Procedural Posture
Land Appeal / Post Judgment, Ruling on Chamber Application
Outcome
Chamber application struck out for want of jurisdiction.
Legal Topics
Execution of Judgment, Court Jurisdiction, Appeal Process
Source Language
English
Land Law Civil Procedure Execution of Judgment Court Jurisdiction Appeal Process

Case Brief

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Parties

Rubeya Mohamed

Appellant

Blantiye Rugagara

Respondent

Procedural Posture

Land Appeal / Post Judgment, Ruling on Chamber Application

Legal Issues

  1. 1 Whether the High Court can issue orders for demolition or arrest after notice of appeal has been lodged
  2. 2 Whether the High Court has jurisdiction to entertain the chamber application post-judgment

Ratio Decidendi

The High Court cannot entertain the chamber application for demolition or arrest as it is functus officio after notice of appeal is lodged and lacks jurisdiction to execute its own decree; such matters must be addressed in the executing court.

Court Disposition

Chamber application struck out for want of jurisdiction.

Orders

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