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Tanzania decisions
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The High Court dismissed an objection to sale in execution, holding that the applicant was a party to the consent decree and could not stop attachment of his property.
Land appeal dismissed: the appellant failed to prove ownership, and the court upheld the sale of the land in execution of a decree against the husband.
The appeal is incompetent because the appellant failed to attach the drawn order/decree sought to be appealed against, depriving the court of jurisdiction to entertain the appeal.
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The High Court at Geita granted a temporary stay of proceedings in a land execution matter pending determination of an appeal, to preserve the status quo.
The High Court adopted a settlement between the Attorney General, the National Social Security Fund, and Proper Electrical Limited as a consent judgment payable in five installments.
Failure to attach a decree to the memorandum of appeal offends Order XXXIX, rule 1 of the Civil Procedure Code and renders the appeal incompetent.
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Respondents are legally bound to refund the applicant the excess amount paid in execution of a decree which was subsequently varied by the Court of Appeal; interest and costs are not awarded as neither party should suffer from the court's erroneous decision.
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The appeal lacks merit as there were no contradictions in the parties' testimonies to warrant a visit to the locus in quo, the respondent proved ownership of the disputed land on the balance of probabilities, and the issue of land sold to third parties was not raised at trial and cannot be considered on appeal.
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Second appeal over a pledged motorcycle and loan agreement was dismissed. The court upheld concurrent findings that the appellant failed to prove his claim.
District Court acted improperly by releasing attached motor vehicle before determining preliminary objection and revision application; proper procedure requires hearing and disposal of preliminary objection first, followed by substantive application; order of release was premature and lacked judicial basis.
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