20171018 TZHC Dar es Salaam

20171018 TZHC Dar es Salaam

The applicant failed to prove that the sums claimed and the attachment of property were in execution of the Deed of Settlement as recorded in the decree. The court was not satisfied that the settlement covered all subsequent obligations, and the application was dismissed.

Citation
20171018 TZHC Dar es Salaam
Parties
Applicant: Blankets and Textile Manufacturing 1998; 1st Respondent: Board of Trustees of Parastatal Pension Fund; 2nd Respondent: Abdallah Makata t/a Sensitive Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2017
Procedural Posture
Misc. Civil Application / Ruling on Application for Certification of Adjusted Decree and Lifting of Attachment
Outcome
Application dismissed with costs
Legal Topics
Execution of Decree, Settlement Agreement, Pension Contributions, Attachment and Sale of Property
Source Language
English
Civil Procedure Labour and Employment Execution of Decree Settlement Agreement Pension Contributions Attachment and Sale of Property

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Parties

Blankets and Textile Manufacturing 1998

Applicant

Board of Trustees of Parastatal Pension Fund

1st Respondent

Abdallah Makata t/a Sensitive Auction Mart

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Certification of Adjusted Decree and Lifting of Attachment

Legal Issues

  1. 1 Whether the court should certify the adjustment and payment of the decree as made by the applicant
  2. 2 Whether the attachment and sale of the applicant's property should be lifted based on the alleged settlement and payment

Ratio Decidendi

The applicant failed to prove that the sums claimed and the attachment of property were in execution of the Deed of Settlement as recorded in the decree. The court was not satisfied that the settlement covered all subsequent obligations, and the application was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents