Charles Swale Sayida

Charles Swale Sayida

The appeal is not maintainable as a ruling under Order XXI, Rule 62 of the CPC is not appealable; the appellant must file a suit to establish his claim over the property. Attachment cannot be made against property of a company not party to the original suit.

Citation
Charles Swale Sayida
Parties
Appellant: Charles Swale Sayida; 1st Respondent: Kimotco Intertrade Co. Ltd; 2nd Respondent: Kimotco Group of Company; 3rd Respondent: Abdul Mussa Mukasiwa (T/A Mkasiwa Auction Mart & Court Brokers)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 May 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed
Legal Topics
Execution of Decrees, Attachment of Property, Separate Legal Entity, Appealability of Execution Orders
Source Language
English
Civil Procedure Company Law Execution of Decrees Attachment of Property Separate Legal Entity Appealability of Execution Orders

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Parties

Charles Swale Sayida

Appellant

Kimotco Intertrade Co. Ltd

1st Respondent

Kimotco Group of Company

2nd Respondent

Abdul Mussa Mukasiwa (T/A Mkasiwa Auction Mart & Court Brokers)

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an appeal lies against a ruling under Order XXI, Rule 62 of the CPC lifting attachment of property.
  2. 2 Whether property of one company can be attached to satisfy decree against another company.

Ratio Decidendi

The appeal is not maintainable as a ruling under Order XXI, Rule 62 of the CPC is not appealable; the appellant must file a suit to establish his claim over the property. Attachment cannot be made against property of a company not party to the original suit.

Court Disposition

appeal dismissed

Orders

  • preliminary objection upheld
  • appeal dismissed with costs