CHARLES MPWAYAGI
The trial court entertained execution proceedings that were time barred under section 6(m) of the Law of Limitation Act, acting with material irregularity; the proceedings and orders must be nullified.
- Citation
- CHARLES MPWAYAGI
- Parties
- Applicant: Charles Mpwayagi; Respondent: Mashaka Maulid; Respondent: Machungwa & Company Enterprises; Respondent: Shashi Investment Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2012
- Procedural Posture
- Civil Revision / Ruling
- Outcome
- application granted
- Legal Topics
- Execution of Decrees, Time Limitation, Jurisdiction, Attachment of Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Charles Mpwayagi
Applicant
Mashaka Maulid
Respondent
Machungwa & Company Enterprises
Respondent
Shashi Investment Ltd
Respondent
Procedural Posture
Civil Revision / Ruling
Legal Issues
- 1 Whether execution proceedings were time barred under section 6(m) of the Law of Limitation Act
- 2 Whether the trial court acted with material irregularity by entertaining time-barred execution proceedings
- 3 Whether the attachment and sale of the applicant’s residential house was lawful
Ratio Decidendi
The trial court entertained execution proceedings that were time barred under section 6(m) of the Law of Limitation Act, acting with material irregularity; the proceedings and orders must be nullified.
Court Disposition
application granted
Orders
- Proceedings of the district court are nullified.
- Order for attachment of the applicant’s property is set aside.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment