crdb bank ltd vs mwamba enterprises ltd another 2001 tzhccomd 2 10 august 2001

crdb bank ltd vs mwamba enterprises ltd another 2001 tzhccomd 2 10 august 2001

The objector was in possession of the property at the time of attachment, but such possession was held in trust for the judgment-debtor, Charles Mulokozi, not on his own account. The court's inquiry under Order XXI rules 57-60 CPC is confined to possession, not title or fraud. The objector is not entitled to relief under Order XXI rule 88(1) as he is not a person whose interests are legally affected by the sale. The objection is therefore disallowed.

Citation
crdb bank ltd vs mwamba enterprises ltd another 2001 tzhccomd 2 10 august 2001
Parties
Plaintiff: CRDB Bank Limited; 1st Defendant: Mwamba Enterprises Ltd; 2nd Defendant / 3rd Respondent: Charles Mulokozi; Applicant/objector: Calvin E Mafuru
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 August 2001
Procedural Posture
Objection Proceedings Under Order XXI CPC / Ruling on Objection to Sale in Execution
Outcome
Objection disallowed with costs.
Legal Topics
Execution of Decrees, Objection to Attachment and Sale, Possession Vs. Title, Fraud in Mortgage, Summary Procedure
Source Language
English
Civil Procedure Property Law Banking Law Execution of Decrees Objection to Attachment and Sale Possession Vs. Title Fraud in Mortgage Summary Procedure

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Parties

CRDB Bank Limited

Plaintiff

Mwamba Enterprises Ltd

1st Defendant

Charles Mulokozi

2nd Defendant / 3rd Respondent

Calvin E Mafuru

Applicant/objector

Procedural Posture

Objection Proceedings Under Order XXI CPC / Ruling on Objection to Sale in Execution

Legal Issues

  1. 1 Whether the objector was in possession of the property at the time of attachment and sale
  2. 2 Whether the objector's possession was on his own account or in trust for the judgment-debtor
  3. 3 Whether questions of title or fraud can be determined in objection proceedings under Order XXI rules 57-60 CPC

Ratio Decidendi

The objector was in possession of the property at the time of attachment, but such possession was held in trust for the judgment-debtor, Charles Mulokozi, not on his own account. The court's inquiry under Order XXI rules 57-60 CPC is confined to possession, not title or fraud. The objector is not entitled to relief under Order XXI rule 88(1) as he is not a person whose interests are legally affected by the sale. The objection is therefore disallowed.

Court Disposition

Objection disallowed with costs.

Orders

  • Objection by Calvin Mafuru is disallowed with costs.