The respondent bought a land from the third party thereafter started constructed the house. Immediately before completion of house appellant instituted the suit in the District Land and Housing Tribunal for recovery of land and seeking an order to demolish the house. appellant won the case, among other orders, issued by Tribunal include the demolition of house built by respondent at respondents cost. Respondent appealed in High Court (Land Division). While appeal is pending in the High Court respondent applies for stay of execution of decision of Tribunal. The judge granted the order by staying the execution of decision of Tribunal, among other grounds, judge granted the order for stay of execution because the lawful owner of disputed land is respondent. While main suit on ownership of disputed land is pending before High Court, appellant has lodged application for revision by way of Notice of Motion challenging the decision of High Court on ground that High determined the main suit in application for stay of execution by holding that the respondent is the lawful owner of disputed land, decision which its practical effect is to render the decision of main suit meaningless, thus, practical effect of the decision of high court is to determine the dispute to finality though the decision of High Court purports to be interlocutory decision but is appellable, reviewable and revisable within the purview of Section 5 (2) (d) of The Appellate Jurisdiction Act, 1979 as amended by Act No. 25 of 2002 because the purported interlocutory decision practically has the effect of determining the matter to finality as it adjudicated the rights of parties in main suit by determining the fundamental issue of the main suit concerning the lawful owner of disputed land. The respondent has raised Preliminary Objection on ground order staying execution of decision of Tribunal is interlocutory decision which does not determine the matter to finality thus revision, appeal and review can lie in the Court of Appeal against the stay of execution within the purview of Section 5 (2) (d) of The Appellate Jurisdiction Act, 1979 as amended by Act No. 25 of 2002. At this juncture, I humbly request learned friends to assist me whether the appeal or revision can lie to the Court of Appeal against the said order of stay of execution in light of facts provided hereinabove. John Seka, Possi Abdallah, Ndeke Wa Ndeke, Novath Rukwago, Peter Juzzen, Peter Kibatala, Stanslaus Nyembea, Msando Alberto, Prudens Rweyongeza, Berious Nyasebwa, Mpale Mpoki, George Mandepo, Eliad Mndeme, Magda Syl Green, Elikunda George Kipoko, Mystica Kalunde, Grace Massawe, Roma Masu, Frank Mirindo, Mwesy Joshua, John Daniel Ndumbaro and all members.
Posted on: Tue, 02 Dec 2014 08:28:52 +0000
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