19771220 TZHC Mbeya

A transaction involving property under court attachment is void and cannot confer good title to a purchaser, even if the purchaser acted in good faith and without knowledge of the attachment.

Citation: 19771220 TZHC Mbeya
Parties: Appellant: Daudi Mwakupili; Respondent: Aron Makibinga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 December 1977
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal allowed
Legal Topics: Attachment Before Judgment, Good Faith Purchaser, Execution of Judgment, Title to Property
Source Language: English

Civil Law Property Law Attachment Before Judgment Good Faith Purchaser Execution of Judgment Title to Property

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Parties

Daudi Mwakupili

Appellant

Aron Makibinga

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether respondent acquired good title to the cow despite attachment order
2 Whether appellant was entitled to seize the cow in execution of judgment

Ratio Decidendi

A transaction involving property under court attachment is void and cannot confer good title to a purchaser, even if the purchaser acted in good faith and without knowledge of the attachment.

Court Disposition

appeal allowed

Orders

The cow seized is to be surrendered to the appellant by whoever is in possession.
Costs awarded to the appellant in this court and the courts below.