20140828 TZHC Dar es Salaam

20140828 TZHC Dar es Salaam

The application for review was granted because the applicant was not served with the application that led to the lifting of the attachment order, thereby denying the applicant an opportunity to be heard and to present new and important evidence regarding ownership of the attached vehicles. This constituted an error...

Source-derived case information.

Citation
20140828 TZHC Dar es Salaam
Parties
Applicant: ABG African Link Traders Limited; 1st Respondent: Jan International Limited; 2nd Respondent: Jan Africa Investments Limited; 3rd Respondent: Jan Japan Tanzania Limited; 4th Respondent: Din Muhammad
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Review
Outcome
Application granted
Legal Topics
Review of Court Orders, Service of Process, Attachment and Execution, Company Directorship and Ownership, Stamp Duty Compliance
Source Language
english
Civil Procedure Company Law Review of Court Orders Service of Process Attachment and Execution Company Directorship and Ownership Stamp Duty Compliance

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Parties

ABG African Link Traders Limited

Applicant

Jan International Limited

1st Respondent

Jan Africa Investments Limited

2nd Respondent

Jan Japan Tanzania Limited

3rd Respondent

Din Muhammad

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether the applicant was denied an opportunity to be heard due to lack of service of process
  2. 2 Whether there was discovery of new and important evidence justifying review
  3. 3 Whether the transfer of motor vehicles was lawful and properly executed

Ratio Decidendi

The application for review was granted because the applicant was not served with the application that led to the lifting of the attachment order, thereby denying the applicant an opportunity to be heard and to present new and important evidence regarding ownership of the attached vehicles. This constituted an error apparent on the face of the record and sufficient reason for review.

Court Disposition

Application granted

Orders

  • Order dated 4/4/2014 lifting the attachment is vacated
  • Attachment order dated 12/11/2013 in Civil Case no. 202 of 2013 is reinstated