shija abeli malimi vs enos hangi masaju 2020 tzhc 850 28 april 2020

The trial court's execution proceedings and subsequent orders were tainted with procedural irregularity and illegality, including lack of notice and opportunity to be heard, and the trial court acted without authority after becoming functus officio. The order dated 18th June, 2019 is nullified and execution must start afresh before a competent magistrate.

Citation: shija abeli malimi vs enos hangi masaju 2020 tzhc 850 28 april 2020
Parties: Appellant: Shija Abeli Malimi; Respondent: Enos Hangi Masaju
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 April 2020
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal allowed in part
Legal Topics: Execution of Decrees, Fair Hearing, Procedural Irregularity, Functus Officio
Source Language: English

Civil Procedure Execution of Decrees Fair Hearing Procedural Irregularity Functus Officio

Case Brief

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Parties

Shija Abeli Malimi

Appellant

Enos Hangi Masaju

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the decree in Civil Case No. 430 of 2018 was executed and the debt paid in full
2 Whether the first appellate court erred in ordering execution to be completed despite prior orders
3 Whether the appellate court failed to consider grounds of appeal and gave reasons for altering rights of the appellant

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Trial Court Orders dated 18th June, 2019 are vitiated for being illegal and unfair.
The entire execution process is declared a nullity.