dial quotaquot cab tanzania limited vs rashid s kinkoro others 2018 tzhcld 5 16 january 2018

dial quotaquot cab tanzania limited vs rashid s kinkoro others 2018 tzhcld 5 16 january 2018

The applicant was not a party to the CMA proceedings or the execution case, and there was no proof of proper service or joinder. The 2nd respondent is a non-existent legal entity. Therefore, attachment of the applicant's property was improper and must be set aside.

Citation
dial quotaquot cab tanzania limited vs rashid s kinkoro others 2018 tzhcld 5 16 january 2018
Parties
Applicant: Dial 'A' Cab Tanzania Limited; 1st Respondent: Rashid S. Kinkoro; 2nd Respondent: Dial A Cab; 3rd Respondent: Tambaza Auction Mart and General Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 January 2018
Procedural Posture
Miscellaneous Application / Ruling on Objection to Execution and Attachment
Outcome
Application granted
Legal Topics
Execution of Judgments, Attachment of Property, Proper Party to Proceedings, Corporate Legal Personality
Source Language
English
Labour Law Civil Procedure Execution of Judgments Attachment of Property Proper Party to Proceedings Corporate Legal Personality

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Parties

Dial 'A' Cab Tanzania Limited

Applicant

Rashid S. Kinkoro

1st Respondent

Dial A Cab

2nd Respondent

Tambaza Auction Mart and General Broker

3rd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Objection to Execution and Attachment

Legal Issues

  1. 1 Whether the applicant was a party to the CMA proceedings and liable for execution of the award
  2. 2 Whether attachment of the applicant's property was proper

Ratio Decidendi

The applicant was not a party to the CMA proceedings or the execution case, and there was no proof of proper service or joinder. The 2nd respondent is a non-existent legal entity. Therefore, attachment of the applicant's property was improper and must be set aside.

Court Disposition

Application granted

Orders

  • Attachment of motor vehicle Toyota Noah registration T436 DFQ owned by the applicant is released forthwith.
  • First respondent granted leave to file a fresh labour dispute against the proper legal entity within thirty days if desired.