waryoba malima vs magesa makaranga 2 others 2024 tzhc 423 22 february 2024

The execution proceedings and orders were null and void as the size and demarcation of the land subject to execution were not identified, and the original trial record was missing, rendering all subsequent proceedings a nullity.

Citation: waryoba malima vs magesa makaranga 2 others 2024 tzhc 423 22 february 2024
Parties: Appellant: Waryoba Malima; 1st Respondent: Magesa Makaranga; 2nd Respondent: Joseph Samson Khan; 3rd Respondent: Josina Tribunal Brocker
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 February 2024
Procedural Posture: Miscellaneous Land Appeal / Judgment
Outcome: appeal struck out; proceedings and orders quashed and set aside
Legal Topics: Execution of Judgments, Land Demarcation, Review and Revision, Procedural Irregularities
Source Language: English

Land Law Civil Procedure Execution of Judgments Land Demarcation Review and Revision Procedural Irregularities

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Parties

Waryoba Malima

Appellant

Magesa Makaranga

1st Respondent

Joseph Samson Khan

2nd Respondent

Josina Tribunal Brocker

3rd Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

1 Whether the execution of the judgment in Land Case No. 07 of 2011 was properly conducted
2 Whether the size and demarcation of the land subject to execution was identified as required by law
3 Whether the proceedings and orders of the executing tribunal were valid in absence of the original trial record

Ratio Decidendi

Court Disposition

appeal struck out; proceedings and orders quashed and set aside

Orders

Judgment, ruling, and orders of the executing tribunal originating from Land Case No. 07 of 2011 quashed and set aside
All proceedings of the executing tribunal set aside