19970606 TZHC Dar es Salaam

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

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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

  1. 1 Whether the application for lifting the attachment order and restoration of attached property can be entertained after consent decree and execution
  2. 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.