samwel noel kimaro vs hussein yusuph ugulum another 2021 tzhc 2161 26 january 2021
The 2nd defendant was not liable for any loss occasioned during execution of the DLHT eviction order as he acted in compliance with a valid court order and the plaintiff failed to prove improper execution or wrongful removal of items.
- Citation
- samwel noel kimaro vs hussein yusuph ugulum another 2021 tzhc 2161 26 january 2021
- Parties
- Plaintiff: Samwel Noel Kimaro; 1st Defendant: Hussein Yusuph Ugulum; 2nd Defendant: S. L. Isangi Auction Mart and Court Brokers
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 January 2021
- Procedural Posture
- Land Case / Final Judgment
- Outcome
- suit dismissed with costs
- Legal Topics
- Eviction, Breach of Tenancy Agreement, Execution of Court Orders, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Samwel Noel Kimaro
Plaintiff
Hussein Yusuph Ugulum
1st Defendant
S. L. Isangi Auction Mart and Court Brokers
2nd Defendant
Procedural Posture
Land Case / Final Judgment
Legal Issues
- 1 Whether the 2nd defendant is liable for loss occasioned during forcible execution order of the DLHT
- 2 Whether the eviction and removal of items was improper and wrongful
- 3 Whether the plaintiff is entitled to compensation for loss of business, merchandise, profit, and general damages
Ratio Decidendi
The 2nd defendant was not liable for any loss occasioned during execution of the DLHT eviction order as he acted in compliance with a valid court order and the plaintiff failed to prove improper execution or wrongful removal of items.
Court Disposition
suit dismissed with costs
Orders
- Suit dismissed entirely with costs
Full Case Text
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