19951129 TZHC Dar es Salaam

19951129 TZHC Dar es Salaam

The court held that since the respondent corporation (TTC) had ceased to exist as of 1/6/93 by operation of law, and all liabilities were discharged by the successor corporation under Government Notice 137 of 1993, the ex parte judgment entered on 28/6/94 and the subsequent attachment were nullities as they were against a non-existent entity.

Citation
19951129 TZHC Dar es Salaam
Parties
Applicant: Applicant/Objector; Respondent: Silvana Trade Local Government
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 1995
Procedural Posture
Application Under Order 9 Rule 24, Order 22 Rule 57, Order 22 Rule 95 of the Civil Procedure Rules 1966 / Ruling on Application to Set Aside Ex Parte Judgment and Attachment
Outcome
application allowed
Legal Topics
Ex Parte Judgment, Attachment of Property, Corporate Dissolution, Liabilities of Defunct Corporations
Source Language
English
Civil Procedure Corporate Law Ex Parte Judgment Attachment of Property Corporate Dissolution Liabilities of Defunct Corporations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Applicant/Objector

Applicant

Silvana Trade Local Government

Respondent

Procedural Posture

Application Under Order 9 Rule 24, Order 22 Rule 57, Order 22 Rule 95 of the Civil Procedure Rules 1966 / Ruling on Application to Set Aside Ex Parte Judgment and Attachment

Legal Issues

  1. 1 Whether ex parte judgment and attachment against a defunct corporation is valid
  2. 2 Whether liabilities of the defunct corporation survive after dissolution under Government Notice 137 of 1993

Ratio Decidendi

The court held that since the respondent corporation (TTC) had ceased to exist as of 1/6/93 by operation of law, and all liabilities were discharged by the successor corporation under Government Notice 137 of 1993, the ex parte judgment entered on 28/6/94 and the subsequent attachment were nullities as they were against a non-existent entity.

Court Disposition

application allowed

Orders

  • Ex parte judgment entered on 28/6/94 set aside as a nullity.
  • Attachment dated 23/2/95 set aside forthwith.