abdallah issa mpili vs mohamedi rashid mungya em express transport co ltd 2 others 2023 tzhc 21864 21 september 2023

abdallah issa mpili vs mohamedi rashid mungya em express transport co ltd 2 others 2023 tzhc 21864 21 september 2023

The appeal was withdrawn because the law does not provide for an appeal as a remedy after dismissal of objection proceedings in execution; instead, the proper remedy is to institute a fresh suit to establish ownership of the attached property.

Citation
abdallah issa mpili vs mohamedi rashid mungya em express transport co ltd 2 others 2023 tzhc 21864 21 september 2023
Parties
Appellant: Abdallah Issa Mpili; 1st Respondent: Mohamedi Rashid Mungya (E&M Express Transport Co. Ltd); 2nd Respondent: Yono Auction Mart & Co. Ltd; 3rd Respondent: Mwanahamisi Saidi Majonde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2023
Procedural Posture
PC Civil Appeal / Ruling on Withdrawal of Appeal Prior to Hearing
Outcome
Appeal withdrawn at the instance of the appellant
Legal Topics
Objection Proceedings, Withdrawal of Appeal, Attachment and Sale of Property, Remedies for Unsuccessful Objector
Source Language
English
Civil Procedure Execution of Judgments Objection Proceedings Withdrawal of Appeal Attachment and Sale of Property Remedies for Unsuccessful Objector

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Parties

Abdallah Issa Mpili

Appellant

Mohamedi Rashid Mungya (E&M Express Transport Co. Ltd)

1st Respondent

Yono Auction Mart & Co. Ltd

2nd Respondent

Mwanahamisi Saidi Majonde

3rd Respondent

Procedural Posture

PC Civil Appeal / Ruling on Withdrawal of Appeal Prior to Hearing

Legal Issues

  1. 1 Whether an appeal is the proper remedy after dismissal of objection proceedings in primary court execution
  2. 2 Whether the attached property was liable for attachment

Ratio Decidendi

The appeal was withdrawn because the law does not provide for an appeal as a remedy after dismissal of objection proceedings in execution; instead, the proper remedy is to institute a fresh suit to establish ownership of the attached property.

Court Disposition

Appeal withdrawn at the instance of the appellant

Orders

  • PC Civil Appeal No. 13 of 2023 marked withdrawn
  • Liberty granted to appellant to file a fresh suit