19920905 TZHC Tabora

19920905 TZHC Tabora

The court held that the attached cattle were properly subject to execution as the appellant could not sufficiently distinguish his property from that of the judgment debtor, and the execution process should continue to satisfy the decree.

Citation
19920905 TZHC Tabora
Parties
Appellant: Urben Primary Court; Respondent: Mkinga Tdelule
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 1992
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Judgment, Attachment of Property, Compensation for Child Upbringing
Source Language
English
Civil Procedure Family Law Execution of Judgment Attachment of Property Compensation for Child Upbringing

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Parties

Urben Primary Court

Appellant

Mkinga Tdelule

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the attached cattle belonged to the judgment debtor or a third party
  2. 2 Whether the execution process was properly carried out in satisfaction of the decree

Ratio Decidendi

The court held that the attached cattle were properly subject to execution as the appellant could not sufficiently distinguish his property from that of the judgment debtor, and the execution process should continue to satisfy the decree.

Court Disposition

appeal dismissed

Orders

  • The five heads of cattle attached shall remain so attached.
  • The execution process shall continue to its conclusion as per the decree.