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