20060609 TZCA Dar es Salaam

20060609 TZCA Dar es Salaam

The appeal was allowed because the petition before the LART Tribunal was time-barred and the Tribunal lacked jurisdiction to determine the lawfulness of the attachment and sale of the house, which was within the exclusive jurisdiction of the executing court under the Civil Procedure Code.

Citation
20060609 TZCA Dar es Salaam
Parties
Appellant: Thomas Mbando; Respondent: Loans and Advances Realization Trust (LART); Respondent: Liquidator MWATEX
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 June 2006
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Limitation of Actions, Jurisdiction, Execution of Decrees, Title to Property
Source Language
English
Civil Procedure Property Law Limitation of Actions Jurisdiction Execution of Decrees Title to Property

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Parties

Thomas Mbando

Appellant

Loans and Advances Realization Trust (LART)

Respondent

Liquidator MWATEX

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the petition before the LART Tribunal was time-barred
  2. 2 Whether the LART Tribunal had jurisdiction to set aside the judgment and decree in RM Civil Case No. 14 of 1994 and the subsequent execution proceedings

Ratio Decidendi

The appeal was allowed because the petition before the LART Tribunal was time-barred and the Tribunal lacked jurisdiction to determine the lawfulness of the attachment and sale of the house, which was within the exclusive jurisdiction of the executing court under the Civil Procedure Code.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the Tribunal set aside
  • Respondents to pay costs