asd company vs crdb bank ltd another 2010 tzhccomd 4 20 october 2010

asd company vs crdb bank ltd another 2010 tzhccomd 4 20 october 2010

Failure to deposit the statutory amounts required by Order XXI Rule 87(1) of the Civil Procedure Code renders the application incompetent and deprives the court of jurisdiction to entertain the application to set aside sale. The preliminary objection is upheld and the application is dismissed with costs.

Citation
asd company vs crdb bank ltd another 2010 tzhccomd 4 20 october 2010
Parties
Applicant: A&SD Company; Applicant: Albert Malangalila; Respondent: CRDB Bank Limited; Respondent: Ambassador Hassan Omary Gumbo Kibelloh
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 October 2010
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Application dismissed with costs.
Legal Topics
Execution of Decree, Setting Aside Sale, Extension of Time, Omnibus Applications
Source Language
English
Civil Procedure Commercial Law Execution of Decree Setting Aside Sale Extension of Time Omnibus Applications

Case Brief

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Parties

A&SD Company

Applicant

Albert Malangalila

Applicant

CRDB Bank Limited

Respondent

Ambassador Hassan Omary Gumbo Kibelloh

Respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for failure to deposit 5% of purchase price and decretal sum as required by Order XXI Rule 87(1) of Civil Procedure Code
  2. 2 Whether combining extension of time and setting aside sale in one application is permissible
  3. 3 Whether the court has jurisdiction to entertain the application without fulfillment of statutory deposit requirements

Ratio Decidendi

Failure to deposit the statutory amounts required by Order XXI Rule 87(1) of the Civil Procedure Code renders the application incompetent and deprives the court of jurisdiction to entertain the application to set aside sale. The preliminary objection is upheld and the application is dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.
  • Preliminary objection upheld.