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Tanzania decisions
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The District Court erred by disposing of the revision without affording the parties the right to be heard on issues raised in their pleadings, violating the fundamental right to be heard and rendering the proceedings and resultant orders a nullity.
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The act of fighting was not within the scope of employment for grazing cattle and is an independent act; vicarious liability does not attach. The district court breached the right to be heard and execution procedures, rendering its decisions invalid.
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The High Court held that an appeal from objection proceedings in execution was incompetent. The proper remedy for a dissatisfied objector was to file a fresh suit.
The appeal was dismissed because the executing tribunal properly executed a valid and unchallenged decree from the ward tribunal, and had no jurisdiction to question its validity or the boundaries as alleged by the appellant. The grounds of appeal lacked merit as the tribunal acted within its mandate and the appellant failed to show sufficient cause for interference.
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The High Court struck out a land appeal after finding the decree inconsistent with the judgment, making the appeal incompetent and impossible to execute.
DLHT had jurisdiction to execute as no stay of execution was granted; applicant was duly served and given opportunity to be heard; no material irregularity or injustice occurred.
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The applicant failed to prove that the suit property belonged to the late Selemani Juma Kigera as he was never registered as owner on the certificate of title; all transactions were made while he was alive and he never objected; thus, the property does not belong to the applicant or the deceased's estate and the application lacks merit.
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The High Court set aside land execution proceedings for lack of identified land size and demarcation, holding the underlying proceedings were a nullity.
The High Court held that its previous order in Miscellaneous Civil Revision No. 03 of 2023 did not conclusively determine the rights of the parties or issue any executable orders, but rather directed the matter to start afresh. Therefore, there was no decree-holder or judgment-debtor, and the DLHT was correct in dismissing the application for execution as there was no executable order.
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The application for revision is incompetent and incomplete due to the applicants' failure to attach the necessary execution order and related documents. Without these, the court cannot exercise its revisionary jurisdiction over the execution proceedings. The procedures for service of summons and execution were found to have been followed in Land Application No. 12 of 2022, and the applicants' complaints did not warrant intervention.
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