stanton mugenyi vs jackson babyekorera another 2018 tzhc 2646 29 june 2018

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

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Parties

Stanton Mugenyi

Appellant

Jackson Babyekorera & Another

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 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.