20070622 TZHC Dar es Salaam

20070622 TZHC Dar es Salaam

An objection to attachment of property is premature and incompetent if filed before actual attachment has occurred.

Citation
20070622 TZHC Dar es Salaam
Parties
Applicant/objector: Joyce Alex Masonu; 1st Respondent/decree Holder: Patrick Chacha; 2nd Respondent: Mombo Agip Petrol Station
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 June 2007
Procedural Posture
Objection Proceedings (execution) / Ruling on Preliminary Objection
Outcome
Objection struck out as premature and incompetent.
Legal Topics
Attachment of Property, Objection to Attachment, Matrimonial Home, Prematurity of Objection
Source Language
English
Civil Procedure Execution of Judgments Attachment of Property Objection to Attachment Matrimonial Home Prematurity of Objection

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Parties

Joyce Alex Masonu

Applicant/objector

Patrick Chacha

1st Respondent/decree Holder

Mombo Agip Petrol Station

2nd Respondent

Procedural Posture

Objection Proceedings (execution) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an objection to attachment of property can be entertained before actual attachment has taken place

Ratio Decidendi

An objection to attachment of property is premature and incompetent if filed before actual attachment has occurred.

Court Disposition

Objection struck out as premature and incompetent.

Orders

  • Objection struck out.
  • No order as to costs.