GAIMO

GAIMO

The application was incompetent as the applicant, being the judgment debtor, lacked locus standi to object under Order XXI Rules 57 and 58 of the CPC, and the application was time barred. The proper procedure for challenging the Deputy Registrar's correction was by review or appeal, not by objection proceedings.

Citation
GAIMO
Parties
Applicant/objector: GAIMO CONSTRUCTION COMPANY LIMITED; 1st Respondent: MACLEOD ELECTRICAL CONTRACTORS LIMITED; 2nd Respondent: MR. MANJALE FRED LUSENGA T/AS SHASHI INVESTMENT LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 March 2024
Procedural Posture
Miscellaneous Commercial Application / Ruling on Objection to Execution Proceedings
Outcome
Application struck out with costs
Legal Topics
Execution of Decrees, Objection Proceedings, Jurisdiction, Limitation of Actions
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Objection Proceedings Jurisdiction Limitation of Actions

Case Brief

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Parties

GAIMO CONSTRUCTION COMPANY LIMITED

Applicant/objector

MACLEOD ELECTRICAL CONTRACTORS LIMITED

1st Respondent

MR. MANJALE FRED LUSENGA T/AS SHASHI INVESTMENT LIMITED

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Objection to Execution Proceedings

Legal Issues

  1. 1 Whether the application is competent before the court
  2. 2 Whether the applicant has locus standi to object to execution
  3. 3 Whether the application is time barred

Ratio Decidendi

The application was incompetent as the applicant, being the judgment debtor, lacked locus standi to object under Order XXI Rules 57 and 58 of the CPC, and the application was time barred. The proper procedure for challenging the Deputy Registrar's correction was by review or appeal, not by objection proceedings.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent with costs.