19970606 TZHC Dar es Salaam
The application for lifting the attachment order and restoration of property cannot be entertained after the consent decree has been passed and executed; the objector's remedy lies in review, appeal, or separate suit.
- Citation
- 19970606 TZHC Dar es Salaam
- Parties
- Plaintiff: Africarries Limited; Defendant/respondent: Hong Zhong Trading Company Ltd.; Objector/applicant: Tanzania Life Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 June 1997
- Procedural Posture
- Civil / Post Judgment Application
- Outcome
- application dismissed with costs
- Legal Topics
- Attachment Before Judgment, Consent Decree, Execution of Decree, Review of Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Africarries Limited
Plaintiff
Hong Zhong Trading Company Ltd.
Defendant/respondent
Tanzania Life Ltd.
Objector/applicant
Procedural Posture
Civil / Post Judgment Application
Legal Issues
- 1 Whether the application for lifting the attachment order and restoration of attached property can be entertained after consent decree and execution
- 2 Whether the objector has any remedy regarding the attached property
Ratio Decidendi
The application for lifting the attachment order and restoration of property cannot be entertained after the consent decree has been passed and executed; the objector's remedy lies in review, appeal, or separate suit.
Court Disposition
application dismissed with costs
Orders
- Objector's application for lifting attachment and restoration of property is dismissed with costs.
- If objector wishes to challenge the decree on grounds of fraud, it must apply for review or appeal.
Full Case Text
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