alphonce nicas buhatwa ta coco enterprises vs dcb commercial bank plc 2019 tzhccomd 137 24 april 2019

alphonce nicas buhatwa ta coco enterprises vs dcb commercial bank plc 2019 tzhccomd 137 24 april 2019

The application is incompetent as it was made under the wrong provisions of law, and the court cannot adopt the correct provision at the ruling stage; parties are bound by their pleadings and amendments must be properly sought and effected before hearing.

Citation
alphonce nicas buhatwa ta coco enterprises vs dcb commercial bank plc 2019 tzhccomd 137 24 april 2019
Parties
Applicant: Alphonce Nicas Buhatwa t/a Coco Enterprises; Respondent: DCB Commercial Bank PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Adjourn/stop Sale of Property in Execution Proceedings
Outcome
Application dismissed with costs
Legal Topics
Execution of Decrees, Wrong Citation of Law, Amendment of Pleadings
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Wrong Citation of Law Amendment of Pleadings

Case Brief

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Parties

Alphonce Nicas Buhatwa t/a Coco Enterprises

Applicant

DCB Commercial Bank PLC

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Adjourn/stop Sale of Property in Execution Proceedings

Legal Issues

  1. 1 Whether the application is competent given the wrong citation of enabling legal provisions
  2. 2 Whether the court can adopt the correct provision at the ruling stage

Ratio Decidendi

The application is incompetent as it was made under the wrong provisions of law, and the court cannot adopt the correct provision at the ruling stage; parties are bound by their pleadings and amendments must be properly sought and effected before hearing.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs