Tanzania Case Law

ELINISA NDANSHAU SCANNED

Court

TANZLII

The execution order issued by the DLHT was inconsistent with the decree of the Ward Tribunal as it introduced terms not contemplated in the original decree, specifically by ordering demolition of a wall, which exceeded the executing court's jurisdiction. However, the objection to execution was filed after the execution order was granted, so the tribunal cannot be faulted for not entertaining it.

Source excerpt

• Execution of decrees
• Jurisdiction of executing court
• Natural justice
• Objection proceedings

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JUgd Civ Appeal No

Court

TANZLII

The executing resident magistrate in charge acted ultra vires by altering the maintenance decree during execution proceedings; only the original court or appellate/revisional court has power to vary a decree.

Source excerpt

• Maintenance
• Execution of decrees
• Jurisdiction of executing court

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land appeal no

Court

TANZLII

The executing tribunal acted ultra vires by issuing orders and directives not contained in the original decree, including appointing a broker and ordering attachment and sale of property, thereby materially altering the terms of the decree and exceeding its jurisdiction as an executing court.

Source excerpt

• Execution of decrees
• Jurisdiction of executing court
• Scope of execution proceedings

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ms lodhia steel indistries ltd vs national microfinace ltd another 2023 tzhc 23451 21 december 2023

Court

TZHC

The High Court dismissed an appeal over a bank garnishee dispute, holding the claim concerned execution of a decree and had to be raised before the executing court.

• Execution of decrees
• Garnishee orders
• Jurisdiction of executing court
• Representative capacity in execution
• Execution-of-decree
• Garnishee-orders

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ibrahimu waziri vs gasper mrope 2022 tzhclandd 12498 4 november 2022

Court

TANZLII

The High Court allowed a land revision, holding that the executing tribunal went beyond its powers and deprived the parties of a hearing on a new issue.

• Execution proceedings
• Natural justice
• Right to be heard
• Jurisdiction of executing court
• Execution-proceedings
• Natural-justice

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joseph john shuma ta jjs auto parts and general distributors vs kcb bank tanzania limited another 2022 tzhclandd 12455 28 october 2022

Court

TANZLII

The High Court lacks jurisdiction to entertain the suit as the matter concerns execution of a decree, and the proper forum for such complaints is the executing court (DLHT) under Section 38 and Order XXI Rule 88(1) of the Civil Procedure Code. Filing a separate suit is improper and may lead to conflicting decisions.

Source excerpt

• Jurisdiction of executing court
• Execution of decrees
• Remedies for irregular sale
• Settlement deeds
• Res judicata

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yohana maiko sengasu vs mirambo mabula 2022 tzhclandd 12306 30 september 2022

Court

TANZLII

The High Court struck out a land execution-related application as premature because the applicant had not first raised the issues before the Deputy Registrar.

• Execution of judgments
• Jurisdiction of executing court
• Premature applications
• Declaratory orders
• Execution-of-judgments
• Civil-procedure

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mihayo mazuki misana vs abdallah mashimba nzingula 2022 tzhc 12021 29 july 2022

Court

TZHC

The executing court acted ultra vires by nullifying the decree and proceedings without affording parties a right to be heard and without proper legal basis; its jurisdiction is limited to execution and not appellate review.

Source excerpt

• Execution of decrees
• Jurisdiction of executing court
• Limitation period
• Right to be heard

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sodetra sprl t limited vs usangu logistic limited another 2022 tzhccomd 153 2 june 2022

Court

TZHCCOMD

Mere pendency of a suit or application before the Court of Appeal does not operate as an automatic stay of execution, and the executing court lacks jurisdiction to grant a stay in the absence of a formal application and where no suit is pending before it.

Source excerpt

• Stay of execution
• Jurisdiction of executing court
• Pendency of appeal

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uap insurance tanzania company ltd vs akiba commercial bank plc 2022 tzhccomd 79 14 april 2022

Court

TZHCCOMD

The High Court retains jurisdiction to entertain applications necessary to implement a stay of execution granted by the Court of Appeal, including lifting Garnishee Orders Nisi issued prior to the stay, as the execution process stands suspended and the court must give effect to the stay order.

Source excerpt

• Garnishee orders
• Stay of execution
• Jurisdiction of executing court

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