ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC

ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC

The objector failed to produce admissible evidence of interest in the property at the date of attachment due to non-compliance with stamp duty and land approval requirements, and the property remained in the possession of the judgment debtors; therefore, the application is disallowed and attachment continues.

Citation
ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC
Parties
Objector/applicant: Zacharia William Salemis; 1st Respondent/decree Holder: Stanbic Bank Tanzania Limited; 2nd Respondent/judgment Debtor: Catherine Richard (t/a Catherine R Traders); 3rd Respondent/judgment Debtor: Richard Elia Swai; 4th Respondent: MEM Auctioneers & General Brokers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Application / Ruling on Objection to Attachment of Property in Execution Proceedings
Outcome
Application disallowed with costs
Legal Topics
Attachment of Property, Stamp Duty Compliance, Transfer of Property, Execution of Decree, Prohibitory Orders
Source Language
English
Civil Procedure Property Law Land Law Attachment of Property Stamp Duty Compliance Transfer of Property Execution of Decree Prohibitory Orders

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Parties

Zacharia William Salemis

Objector/applicant

Stanbic Bank Tanzania Limited

1st Respondent/decree Holder

Catherine Richard (t/a Catherine R Traders)

2nd Respondent/judgment Debtor

Richard Elia Swai

3rd Respondent/judgment Debtor

MEM Auctioneers & General Brokers Limited

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Objection to Attachment of Property in Execution Proceedings

Legal Issues

  1. 1 Whether the objector had a valid interest in the property at the date of attachment
  2. 2 Whether the sale agreement and transfer deed were admissible and valid
  3. 3 Effect of prohibitory order on transfer of property

Ratio Decidendi

The objector failed to produce admissible evidence of interest in the property at the date of attachment due to non-compliance with stamp duty and land approval requirements, and the property remained in the possession of the judgment debtors; therefore, the application is disallowed and attachment continues.

Court Disposition

Application disallowed with costs

Orders

  • Attachment of property to continue
  • Applicant to pay costs