BHADUR EBRAHIM SHAMJI VS ALNOOR SHARIFF JAMAL CIVIL APPLI NO

BHADUR EBRAHIM SHAMJI VS ALNOOR SHARIFF JAMAL CIVIL APPLI NO

The application for execution failed because the applicant did not prove that the properties sought to be attached were owned by the judgment debtor, as required by Order XXI Rule 12 of the Civil Procedure Code.

Citation
BHADUR EBRAHIM SHAMJI VS ALNOOR SHARIFF JAMAL CIVIL APPLI NO
Parties
Plaintiff/decree Holder: Bahadur Ebrahim Shamji; Defendant/judgment Debtor: Alnoor Shariff Jamal
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Application / Ruling on Application for Execution of Decree by Attachment and Sale of Immovable Property
Outcome
Application dismissed
Legal Topics
Execution of Decrees, Attachment of Property, Ownership of Property, Arbitral Award Enforcement
Source Language
English
Civil Procedure Arbitration Enforcement of Judgments Execution of Decrees Attachment of Property Ownership of Property Arbitral Award Enforcement

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Parties

Bahadur Ebrahim Shamji

Plaintiff/decree Holder

Alnoor Shariff Jamal

Defendant/judgment Debtor

Procedural Posture

Civil Application / Ruling on Application for Execution of Decree by Attachment and Sale of Immovable Property

Legal Issues

  1. 1 Whether the properties sought to be attached belong to the judgment debtor as required by law
  2. 2 Whether the application for execution meets the requirements of Order XXI Rule 12 of the Civil Procedure Code

Ratio Decidendi

The application for execution failed because the applicant did not prove that the properties sought to be attached were owned by the judgment debtor, as required by Order XXI Rule 12 of the Civil Procedure Code.

Court Disposition

Application dismissed

Orders

  • Application for attachment and sale of properties is declined as the properties do not belong to the judgment debtor.
  • Judgment creditor may file a fresh application in compliance with the law.