20151204 TZHC Dodoma

20151204 TZHC Dodoma

The appeal was dismissed because the appellant did not appeal the original decision in case No. 36 of 2009, making it binding and subsisting. The subsequent case No. 2 of 2010 was correctly found to be res judicata. The appeal was also filed within time, but lacked merit on substantive grounds.

Citation
20151204 TZHC Dodoma
Parties
Appellant: Saidi Rashid; Respondent: Hamisi Shabani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Execution of Decree, Res Judicata, Appeal Timelines
Source Language
English
Land Law Execution of Decree Res Judicata Appeal Timelines

Case Brief

Summary, issues, holding and outcome

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Parties

Saidi Rashid

Appellant

Hamisi Shabani

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in executing the decree despite objections by the appellant
  2. 2 Whether the subsequent decision in case No. 2 of 2010 was res judicata
  3. 3 Whether the appeal was filed within the prescribed time

Ratio Decidendi

The appeal was dismissed because the appellant did not appeal the original decision in case No. 36 of 2009, making it binding and subsisting. The subsequent case No. 2 of 2010 was correctly found to be res judicata. The appeal was also filed within time, but lacked merit on substantive grounds.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent