VIKONGE FARM CO

VIKONGE FARM CO

The farm owned by the applicant cannot be attached in satisfaction of a decree issued against the 4th and 5th respondents, as the property does not belong to the judgment debtors and the applicant was not a party to the debt or judgment.

Citation
VIKONGE FARM CO
Parties
Applicant/objector: Vikonge Farm Company Limited; 1st Respondent: Rhino Auction Mart & Court Broker; 2nd Respondent/decree Holder: United Bank for Africa (Tanzania) Limited; 3rd Respondent: Tendaji Trading Tanzania Limited; 4th Respondent/judgment Debtor: Eran Hovev; 5th Respondent/judgment Debtor: Alon Hovev
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Inter Parte Application to Lift Attachment
Outcome
Application allowed
Legal Topics
Attachment of Property, Piercing Corporate Veil, Execution of Decree
Source Language
English
Civil Procedure Commercial Law Attachment of Property Piercing Corporate Veil Execution of Decree

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Parties

Vikonge Farm Company Limited

Applicant/objector

Rhino Auction Mart & Court Broker

1st Respondent

United Bank for Africa (Tanzania) Limited

2nd Respondent/decree Holder

Tendaji Trading Tanzania Limited

3rd Respondent

Eran Hovev

4th Respondent/judgment Debtor

Alon Hovev

5th Respondent/judgment Debtor

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Inter Parte Application to Lift Attachment

Legal Issues

  1. 1 Whether the farm owned by the applicant can be attached in execution of a decree against judgment debtors
  2. 2 Ownership of property subject to attachment
  3. 3 Effect of piercing the corporate veil on execution

Ratio Decidendi

The farm owned by the applicant cannot be attached in satisfaction of a decree issued against the 4th and 5th respondents, as the property does not belong to the judgment debtors and the applicant was not a party to the debt or judgment.

Court Disposition

Application allowed

Orders

  • Attachment of farm No. 12701 held by the applicant is lifted
  • Farm to be released forthwith from any execution processes unless otherwise held so lawfully