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8037scanned

The District Tribunal's orders dated 27/2/2024 and 18/3/2024 were irregular and illegal as they varied the original decree in Land Application No. 321/2011 by accepting payment of compensation after the lapse of the 60-day period and after execution by eviction and handover had already been conducted, contrary to the terms of the decree. The executing Tribunal lacked jurisdiction to alter the mode of execution already ordered and completed. The proceedings and orders were quashed and set aside, and execution must proceed strictly in accordance with the original judgment and decree.

Citation
8037scanned
Parties
Applicant: Said Masharubu Luholi; 1st Respondent: Build DSM (T) Ltd; 2nd Respondent: Kabango General Business (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Land Revision / Ruling on Application for Revision of Execution Proceedings
Outcome
Application granted
Legal Topics
Execution of Decree, Jurisdiction of Tribunal, Procedural Irregularities, Compensation for Land, Revisional Powers
Source Language
English
Land Law Civil Procedure Execution of Decree Jurisdiction of Tribunal Procedural Irregularities Compensation for Land Revisional Powers

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Parties

Said Masharubu Luholi

Applicant

Build DSM (T) Ltd

1st Respondent

Kabango General Business (T) Ltd

2nd Respondent

Procedural Posture

Land Revision / Ruling on Application for Revision of Execution Proceedings

Legal Issues

  1. 1 Whether the District Tribunal's orders dated 27/2/2024 and 18/3/2024 in Misc. Application No. 597/2017 were correct, legal, and proper
  2. 2 Whether the execution proceedings and orders varied the original decree in Land Application No. 321/2011
  3. 3 Whether the applicant was denied the right to be heard in the execution proceedings

Ratio Decidendi

The District Tribunal's orders dated 27/2/2024 and 18/3/2024 were irregular and illegal as they varied the original decree in Land Application No. 321/2011 by accepting payment of compensation after the lapse of the 60-day period and after execution by eviction and handover had already been conducted, contrary to the terms of the decree. The executing Tribunal lacked jurisdiction to alter the mode of execution already ordered and completed. The proceedings and orders were quashed and set aside, and execution must proceed strictly in accordance with the original judgment and decree.

Court Disposition

Application granted

Orders

  • The proceedings and orders of the District Tribunal in Misc. Application No. 597/2017 dated 18/3/2024 and 27/2/2024 are quashed and set aside.
  • Execution in Misc. Application No. 597/2017, if not yet conducted, to proceed strictly in accordance with the judgment and decree in Land Application No. 321/2011 dated 21/5/2017 and the law.