19860225 TZCA Dar es Sala

19860225 TZCA Dar es Sala

The High Court's order for sale of the suit premises by public auction under Order 21 of the Civil Procedure Code was correct, and the proceeds should be distributed to the parties in accordance with Sunni Islamic Law.

Citation
19860225 TZCA Dar es Sala
Parties
Appellant: Sudi Hassani & 2 Others; Respondent: Zena Hassani
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 1986
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Decree, Sale of Immovable Property, Distribution Under Islamic Law
Source Language
English
Civil Procedure Property Law Execution of Decree Sale of Immovable Property Distribution Under Islamic Law

Case Brief

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Parties

Sudi Hassani & 2 Others

Appellant

Zena Hassani

Respondent

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the High Court was correct in ordering the sale of the suit premises by public auction under Order 21 of the Civil Procedure Code
  2. 2 Whether the proceeds should be distributed according to Sunni Islamic Law

Ratio Decidendi

The High Court's order for sale of the suit premises by public auction under Order 21 of the Civil Procedure Code was correct, and the proceeds should be distributed to the parties in accordance with Sunni Islamic Law.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court for sale of the suit premises by public auction confirmed
  • Proceeds to be distributed in accordance with Sunni Islamic Law