a sd company and albert malangalila vs crdb bank ltd ambassador hassan omary gumbo kibelloh 2010 tzhccomd 5 20 october 2010

a sd company and albert malangalila vs crdb bank ltd ambassador hassan omary gumbo kibelloh 2010 tzhccomd 5 20 october 2010

Failure to deposit 5% of the purchase price and the decretal sum as required by Order XXI Rule 87(1) of the Civil Procedure Code is a condition precedent to the court's jurisdiction to entertain an application to set aside a sale. As the applicants failed to make the required deposits, the application is incompetent and must be dismissed.

Citation
a sd company and albert malangalila vs crdb bank ltd ambassador hassan omary gumbo kibelloh 2010 tzhccomd 5 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 Decrees, Setting Aside Sale, Extension of Time, Omnibus Applications, Jurisdiction, Deposit Requirements
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Setting Aside Sale Extension of Time Omnibus Applications Jurisdiction Deposit Requirements

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 the purchase price and decretal sum as required by Order XXI Rule 87(1) of the Civil Procedure Code before seeking to set aside a sale
  2. 2 Whether combining prayers for extension of time and setting aside sale in one application is permissible
  3. 3 Whether the preliminary objection raises a pure point of law

Ratio Decidendi

Failure to deposit 5% of the purchase price and the decretal sum as required by Order XXI Rule 87(1) of the Civil Procedure Code is a condition precedent to the court's jurisdiction to entertain an application to set aside a sale. As the applicants failed to make the required deposits, the application is incompetent and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Preliminary objection upheld
  • Application dismissed with costs