african agriculture technology foundation vs tanseed international limited 2021 tzhccomd 3280 28 july 2021
The application for execution was struck out for failure to comply with the mandatory requirement to disclose previous execution applications under Order XXI Rule 10(2) of the Civil Procedure Code, as conceded by the applicant's advocate.
Source-derived case information.
- Citation
- african agriculture technology foundation vs tanseed international limited 2021 tzhccomd 3280 28 july 2021
- Parties
- Plaintiff/decree Holder: Signal Power & Energy Tanzania Company Limited; Defendant/judgment Debtor: Mollel Electrical Contractors Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 28 July 2021
- Procedural Posture
- Commercial Case / Ruling on Preliminary Objection to Execution Application
- Outcome
- Application struck out for incompetence
- Legal Topics
- Execution of Decrees, Preliminary Objection, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Signal Power & Energy Tanzania Company Limited
Plaintiff/decree Holder
Mollel Electrical Contractors Limited
Defendant/judgment Debtor
Procedural Posture
Commercial Case / Ruling on Preliminary Objection to Execution Application
Legal Issues
- 1 Whether the application for execution is incompetent for failure to disclose previous application as required by Order XXI Rule 10(2) of the Civil Procedure Code
Ratio Decidendi
The application for execution was struck out for failure to comply with the mandatory requirement to disclose previous execution applications under Order XXI Rule 10(2) of the Civil Procedure Code, as conceded by the applicant's advocate.
Court Disposition
Application struck out for incompetence
Orders
- Application for execution struck out
- No order for costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA COMMERCIAL DIVISION AT DARESSALAAM COMMERCIAL CASE NO 156 OF 2018 SIGNAL POWER & ENERGY TANZANIA COMPANY LIMITED............................PLAINTIFF/DECREE HOLDER Versus MOLLEL ELECTRICAL CONTRACTORS LIMITED.................................. DEFENDANT/JUDGMENT DEBTOR Date of Last Order: 13th July, 2021 Date of Ruling: 28th July, 2021 RULING MKEHA, J. The present ruling aims at resolving some points of preliminary objection raised by Mr. Msamanga learned advocate against the decree holder's application for execution. Although four points of objection had been raised, only one point of objection which I consider to be determinative is brought forward for determination. That is, that, the application for execution represents false state of affairs that no previous i application was filed contrary to Order XXI Rule 10(2) of the Civil Procedure Code. Mr. Msamanga learned advocate submitted in respect of the said ground of objection by stating that, it is not true that there was no previous application for execution. He pointed to the application filed on 03/03/2020 which was struck out by her Ladyship Fikirini, J (as she then was) for reasons of incompetence. Mr. Lugwisa learned advocate for the decree holder submitted in reply by conceding that, it was a typing error that can safely be condoned under the principle of overriding objective. He thus admitted that the application contravenes the provisions of Order XXI rule 10(2) of the Civil Procedure Code. Following concession on part of the learned advocate for the decree holder that the application contravenes mandatory provisions of the Civil Procedure Code, there remains no option but to strike out the application for reasons of incompetence. While I advise the decree holder to file a competent application subject to limitation, the application stands struck out. No order for costs. 2 MKEHA JUDGE 28/07/2021 Court: Ruling delivered in the presence of Mr. Msamanga learned advocate for the judgment debtor. 28/07/2021 3