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Tanzania decisions
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All grounds raised by the applicant lack merit; the executing court acted within its powers, complied with legal requirements for execution and auction, and no credible evidence was provided to support the applicant's claims. The application for revision is dismissed.
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The application was struck out because the applicants failed to comply with Rule 11 (4) and 11 (7) (d) of the Tanzania Court of Appeal Rules, 2009, by not attaching a notice of execution issued by the executing officer. A notice from the Registrar of Titles is not sufficient, and without a pending execution process, the Court cannot grant a stay of execution or invoke its inherent jurisdiction under Rule 4 (2).
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The High Court struck out an appeal against a garnishee order nisi, holding the order was interlocutory and not appealable under the Civil Procedure Code.
The appellant lacked locus standi to challenge the trial court's judgment as he was not a party to the original proceedings and the judgment concerned a debt claim issued prior to his purchase of the property; thus, the application before the District Court was incompetent and the appeal untenable.
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The appellant lacked locus standi to seek extension of time for revision as he had no established legal interest in the judgment and decree of the trial court, and the application before the District Court was incompetent. Consequently, the District Court's proceedings and ruling were nullified, and the appeal was struck out.
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The application is incompetent for want of a proper affidavit covering all applicants; failure to comply with mandatory procedural requirements is fatal and cannot be cured by overriding objective.
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Failure to join Irene Onesmo Nangole, a necessary party to execution proceedings, rendered the revision proceedings incompetent; appeal struck out for incompetency.
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The District Land and Housing Tribunal erred by quashing the trial tribunal's judgment during execution proceedings without affording the appellant an opportunity to be heard, contrary to settled law and procedure.
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The District Court erred by striking out the application after hearing it on merit; it should have dismissed the application. The ruling is invalid and must be quashed and set aside, with a fresh ruling to be composed by another magistrate.
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Vehicles are registered in the name of the judgment debtor; sale agreements are not sufficient to prove ownership due to lack of stamp duty, suspicious circumstances, and incomplete transfer. Therefore, vehicles are liable for attachment and sale in execution of the decree.
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