stanton mugenyi vs jackson babyekorera another 2018 tzhc 2646 29 june 2018
The District Court of Karagwe, having passed the decree, retained jurisdiction to execute it, and its decision to strike out the execution application for want of jurisdiction was erroneous.
- Citation
- stanton mugenyi vs jackson babyekorera another 2018 tzhc 2646 29 june 2018
- Parties
- Appellant: Stanton Mugenyi; Respondent: Jackson Babyekorera & Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 June 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Execution of Decrees, Jurisdiction of Courts
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Stanton Mugenyi
Appellant
Jackson Babyekorera & Another
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the District Court of Karagwe had jurisdiction to entertain the application for execution of its own decree
Ratio Decidendi
The District Court of Karagwe, having passed the decree, retained jurisdiction to execute it, and its decision to strike out the execution application for want of jurisdiction was erroneous.
Court Disposition
appeal allowed
Orders
- District court order delivered on 10.09.2015 quashed and set aside.
- Record reverted to District Court of Karagwe.
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