bahadur ebrahim shamji vs alnoor shariff jamal 2015 tzca 1 16 november 2015

bahadur ebrahim shamji vs alnoor shariff jamal 2015 tzca 1 16 november 2015

The application for execution fails because the applicant did not provide sufficient proof that the properties sought to be attached are owned by the judgment debtor, as required by Order XXI Rule 12 of the Civil Procedure Code.

Citation
bahadur ebrahim shamji vs alnoor shariff jamal 2015 tzca 1 16 november 2015
Parties
Plaintiff/decree Holder: Bahadur Ebrahim Shamji; Defendant/judgment Debtor: Alnoor Shariff Jamal
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2015
Procedural Posture
Civil Application / Ruling on Application for Execution of Decree
Outcome
application dismissed
Legal Topics
Execution of Arbitral Award, Attachment of Immovable Property, Ownership Verification, Requirements for Execution
Source Language
English
Civil Procedure Arbitration Enforcement of Judgments Execution of Arbitral Award Attachment of Immovable Property Ownership Verification Requirements for Execution

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Parties

Bahadur Ebrahim Shamji

Plaintiff/decree Holder

Alnoor Shariff Jamal

Defendant/judgment Debtor

Procedural Posture

Civil Application / Ruling on Application for Execution of Decree

Legal Issues

  1. 1 Whether the properties sought to be attached belong to the judgment debtor as required by law
  2. 2 Whether the application for execution meets the requirements of Order XXI Rule 12 of the Civil Procedure Code

Ratio Decidendi

The application for execution fails because the applicant did not provide sufficient proof that the properties sought to be attached are owned by the judgment debtor, as required by Order XXI Rule 12 of the Civil Procedure Code.

Court Disposition

application dismissed

Orders

  • Application for attachment and sale of properties is declined.
  • Judgment creditor may file a new application in compliance with the law.