Kalaba Jitulu vs Chama cha Msingi Kiloleli (Pc Civil Appeal No. 29 of 1998) [1999] TZHC 332 (22 June 1999)

IN THE lllGH COURT OF TANZANIA AT TABORA P.C CIVIL APPEAL NO. 29 OF 1998 ORIGINAL CIVIL CASE NO. 29 OF 1'"997··1NEG_I PRIMARY COURT AND CIVIL APPEAL NO• 101 OF .. ·1997 . KALABA .JITULU •• • • •··• • ....... •. • • •• • • • -· ' < ~ •• , • AP.PELLANT . · ·· VERtfflS._ .. . CHAMA CHA MSINGI KILOLELI .......... RESPONDENT JUDGMENT This is.a &econd appeal by Kalaba. Jitulu who obtained Judgment in Civil Ca.se No. 1 of 1997 a.t the Negezi Primary Court of Shinya.nga. District against Kiloleli Village Council. In execution of the decree the appellant attached a milling ma.chine. The Respondent, Kiloleli Chama cha Msingi filed objection proceedings against the attachment. The Primary Court dismissed the objection. The respondent successfully appealed to the district court. The appellant has, as I have stated earlier, appealed against the District Court Judgment. This second appeal is without any merit. There is ample evidence that the attached property belongs to the respondent and not to the Judgment debtor. I therefore dismiss this appeal with costs. L. B. MCHOME JUDGE 31/5/99 Delivered this 22nd of June~ 1999 in the prenoe of Mr. Kayaga for appellant. \ / -&!~. L. B. MCHOME .JUDGE 22/6/99