sebastian lubinza vs zubeda gesmi tarmat another 2018 tzhclandd 513 3 august 2018

sebastian lubinza vs zubeda gesmi tarmat another 2018 tzhclandd 513 3 august 2018

Since there was no pending appeal before the High Court at the time the execution order was issued, and an application to set aside dismissal does not equate to an appeal, the Tribunal did not err in issuing the execution order.

Citation
sebastian lubinza vs zubeda gesmi tarmat another 2018 tzhclandd 513 3 august 2018
Parties
Applicant: Sebastian Lubinza; 1st Respondent: Zubeda Gesmi Tarmat; 2nd Respondent: M/S Vumilia Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 August 2018
Procedural Posture
Land Revision / Ruling
Outcome
Application dismissed with costs.
Legal Topics
Execution of Decree, Appeal Dismissal, Stay of Execution, Revision Proceedings
Source Language
English
Land Law Civil Procedure Execution of Decree Appeal Dismissal Stay of Execution Revision Proceedings

Case Brief

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Parties

Sebastian Lubinza

Applicant

Zubeda Gesmi Tarmat

1st Respondent

M/S Vumilia Auction Mart

2nd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether an application to set aside a dismissal order to an appeal can be treated as an appeal to stay execution
  2. 2 Whether the Tribunal erred in issuing an execution order when an application to set aside dismissal was pending

Ratio Decidendi

Since there was no pending appeal before the High Court at the time the execution order was issued, and an application to set aside dismissal does not equate to an appeal, the Tribunal did not err in issuing the execution order.

Court Disposition

Application dismissed with costs.

Orders

  • Application for revision dismissed with costs.