SIMONI

DLHT had jurisdiction to execute as no stay of execution was granted; applicant was duly served and given opportunity to be heard; no material irregularity or injustice occurred.

Citation: SIMONI
Parties: Applicant: Simon Nachan; Respondent: Agostino Hhamandi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 May 2024
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Revision
Outcome: Application dismissed with costs
Legal Topics: Execution of Judgments, Revisionary Jurisdiction, Right to Be Heard, Stay of Execution
Source Language: English

Land Law Civil Procedure Execution of Judgments Revisionary Jurisdiction Right to Be Heard Stay of Execution

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Parties

Simon Nachan

Applicant

Agostino Hhamandi

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Revision

Legal Issues

1 Whether the District Land and Housing Tribunal had jurisdiction to determine the application for execution while appeal was pending
2 Whether the applicant was given the right to be heard

Ratio Decidendi

DLHT had jurisdiction to execute as no stay of execution was granted; applicant was duly served and given opportunity to be heard; no material irregularity or injustice occurred.

Court Disposition

Application dismissed with costs

Orders

Application dismissed
Costs awarded to respondent