siani said nassoro vs reyai masingisa others 2002 tzhc 2023 8 march 2002

IK 312 HIGH C0U3T OF TANZANIA CIVIL CASI^ NO ,3 6 1 OF 2000 SIAN I SAID KASS0.R0 . . . . . . . . . . . . . PLAINTIFF Versus 1 »REYAI MA.SINGISA 2 * a A N G A U M D A M A IW A ••••••••••# D EFEN DANTS AIJD K lSA N S/iSI KL3AIR0 ............................ OBJECTOR/APPLICANT Aii ./ Mv. n.< KIM AUCTION MART AND COURT BROKER B O C* o c 3 a u c t io n s ; KYANDO, J. B>is is another l i * of the rulinc i;hich I have Just delivered toda- ™ “ g “ nSa“ ™° w « » »«o»l defendanti„ the „uit fron which caese ■proceedin'"'^ mu „ .. . P ° C“ d “ - = — • proceeding, are objection proceeding,. ■ eui, involved Sangau Madanarya as the second defendant and Beyai ,, ,,i„,i=s « the flrst defendant. ,Qey a . f w herd_ , JO ^ * o.oro eglCn. Xn the . i t they „ „ sued for for sla3h ins off ^ plaintXj.f s arm when he found their c;:ttle zw . M , . t,-,^z.,ng xn his shamba. 'ihey did L r T T T . ^ b 631,1”8 °f tha £Uit ^ S° * " — ««*■ <* parte. At the y -s^on o the trial an ex .parte judgment was entered against the two defendants and lollowinp th^ -’no'r'^rf Tn<vv- 4- . L ' -- XG^ er^ an ex.parte decree was passed. The plaintiff then obtained an order frn--i -j-Vit- r ,, 0,1 thlfJ Court to attach 1,000 head of cattle xn execution of th<=> u . ree- He 1,ent a M a t the cattle which are now the subject matter of these proceeding K-i~v • -• • *• oceoain^ - hisangasi ivisairo,the Objector, c o n t e n d s in his ^ffid^vit^ 4.1- ,, , „ , . ltS t i i e atCached cattle did not b e W to the fir^t deiendant/ judgment debtor, but thev b®longed to hir Cft-i •'i ^ - therefore for their release. " Wlsangasi). he prays fart t T °7 T * ’“ *“ * * « K - ^ H o s i l e , who runs « ■ Auction art ^ Brokers, which executed the deoree,states in para., 3 , 4 , 8 and 9 xn oO far as they are pertinents- “3* iy'lh:'cirJSh^ UV iml f ''eized the as ordered , . ,% but they &ld not belong to the applicant but belonged to the ^ e , t debtor Riyayi K a S j g S a ! ** aiCn « * <•»«*« hoi*- pointed to us the -:udment d«btor'B cattle K i Y A Y I ^ r :r.m ) ^ « 2 applicant was present, and he supported the decree holder m a t the cattle belonged to Reyavi ond nor the applicant. ' " ‘' - ur taei reference to paragraph 3 of the Counter-affidavit, d;e cattle we seized belonged to Reyayi Masingisa, t-hafc is why we managed to release 120 cattle'at Dumila after Seyayi had paid for then. Tehs. :v,500,000/- vide receipt dated 27.11.2001, and another'cattle more released ac Horogoro to him after he paid 5,000,000/=. rie was issued v/ith receipt dated 28.11.P001 in the name of Reyayi Masingisa. Copies of such receipts are marked A and annexed. .....(as) part of this counter affidavit. ~ ■ 9 ‘ thTviin CatA1^ V/C-’! GeiZSd thG aPPlicant was present, the tillage Authority, including Police, were all t w ' S l bUr , f did not he;^ the applicant conrolaine, -at tne cattle being seized were his, and he did not bother even to pay for them. In. his affidavit in reply the objector, Kisairo, states that th~ c^ree holder seized the cattle, ^ 0 of then,, from him mistaking him fo. . no --. r;r judtomt.r„ debtor, ^lasingisa. He says he complained to authorities b al out the seizure of the cattle. He says he complained to Mabwegere Village on 27.11.2^01. ; T ieS SUPPOrtinS the decree - saying that the seized cattle belonged to ^eyayi Masingisa, the first Judgment debtor. He has attached documents o / complaint which he says he submitted to the Village Authorities. objector*s Counsel I*. Hyera, hae filed written submissions. ^ * * * * * * at thS evidence as there is before me, I am satisfied thS re8P°ndent,S GVidsnce is the truthful evidence. It is cogent evidence, supported, as it is, by receipts. I accept therefore this evidence and reject a oi the Objector. 0n the respondent's evidence, I find and hold that the cattlewere seized in the presence o objector and he did not object to their seizure. I find and hold, too, that the obje ctar said the cattle belonged to the judgment debtor ...hen they were seized. Hi. denials no„ and hi. efforts at < w p u » a s to Village Authorities after they were seized, are and were just a device on behalf of .feyayi Maoinsiaa, the first .judgment dobto got the cattle back. I dismiss the objection, with coat, and hold that the cattle were properly attached in execut cree passed in the case against the defendants/judgment debtors L a.'i/oii.» JUDGE------ - Delivered this 3th day of March, 2002 in Court, at Ifcr es Salaarj, in tne presence of Hr. Hyera for the Objector and respondent who appears in person. .4- J 'TTDG3