TEDY

TEDY

The executing tribunal is empowered to summon witnesses and members of the ward tribunal who attended the locus in quo to identify and describe the boundaries of the disputed land, record the findings, and draw a sketch map, thereby curing the omission and enabling execution of the decree.

Source-derived case information.

Citation
TEDY
Parties
Applicant: Tedy Mashaka Mwamboneke; Respondent: Magina Mbundala
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1974
Procedural Posture
Land Revision / Ruling on Execution Proceedings Referred for Direction Under Section 44(1) of the Land Disputes Courts Act
Outcome
Direction issued to executing tribunal to identify and describe the land in dispute before proceeding with execution.
Legal Topics
Execution of Decrees, Description of Immovable Property, Jurisdiction of Ward Tribunals, Procedural Irregularities
Source Language
english
Land Law Civil Procedure Execution of Decrees Description of Immovable Property Jurisdiction of Ward Tribunals Procedural Irregularities

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Summary, issues, holding and outcome

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Parties

Tedy Mashaka Mwamboneke

Applicant

Magina Mbundala

Respondent

Procedural Posture

Land Revision / Ruling on Execution Proceedings Referred for Direction Under Section 44(1) of the Land Disputes Courts Act

Legal Issues

  1. 1 Whether the lack of description of the suit land in the original proceedings precludes execution of the decree
  2. 2 Whether the executing tribunal can cure the omission by taking further evidence to identify the land

Ratio Decidendi

The executing tribunal is empowered to summon witnesses and members of the ward tribunal who attended the locus in quo to identify and describe the boundaries of the disputed land, record the findings, and draw a sketch map, thereby curing the omission and enabling execution of the decree.

Court Disposition

Direction issued to executing tribunal to identify and describe the land in dispute before proceeding with execution.

Orders

  • Executing tribunal to summon witnesses and ward tribunal members who attended locus in quo to identify boundaries of the disputed land.
  • Chairman to record proceedings and draw a sketch map showing size and boundaries.