19950823 TZCA Dar es Salaam

19950823 TZCA Dar es Salaam

The appellant failed to comply with the court's condition to pay the full purchase price within the grace period; partial payment was insufficient. The certified point of law was irrelevant and could not be raised for the first time on appeal. The appeal had no merit and was dismissed with costs.

Citation
19950823 TZCA Dar es Salaam
Parties
Appellant: Said Seif; Respondent: Selfmani Juma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 August 1995
Procedural Posture
Civil Appeal / Third Appeal, Judgment of Court of Appeal
Outcome
appeal dismissed
Legal Topics
Attachment of Property, Redemption Period, Public Auction, Execution of Judgment
Source Language
English
Civil Procedure Property Law Attachment of Property Redemption Period Public Auction Execution of Judgment

Case Brief

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Parties

Said Seif

Appellant

Selfmani Juma

Respondent

Procedural Posture

Civil Appeal / Third Appeal, Judgment of Court of Appeal

Legal Issues

  1. 1 Whether the residential house could be attached and sold in execution of a judgment
  2. 2 Whether partial payment within the grace period satisfied the condition for redemption

Ratio Decidendi

The appellant failed to comply with the court's condition to pay the full purchase price within the grace period; partial payment was insufficient. The certified point of law was irrelevant and could not be raised for the first time on appeal. The appeal had no merit and was dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed in its entirety with costs