MPYA

MPYA

Application for execution is incompetent as property details in application do not match decree, and supplementary affidavit cannot cure this defect; executing court cannot amend decree or execution application by affidavit; remedy is to withdraw and refile application in proper form.

Citation
MPYA
Parties
Decree Holder: POP VRIEND (TANGANYIKA) LIMITED; Liquidator: SALIM MUSHI; Judgment Debtor: LONGAAT FARMS LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 December 2012
Procedural Posture
Commercial Case / Application for Execution of Decree
Outcome
application struck out with costs
Legal Topics
Execution of Decree, Liquidation, Settlement Agreement, Amendment of Decree, Company Winding Up
Source Language
English
Civil Procedure Company Law Execution of Decree Liquidation Settlement Agreement Amendment of Decree Company Winding Up

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Parties

POP VRIEND (TANGANYIKA) LIMITED

Decree Holder

SALIM MUSHI

Liquidator

LONGAAT FARMS LIMITED

Judgment Debtor

Procedural Posture

Commercial Case / Application for Execution of Decree

Legal Issues

  1. 1 Whether supplementary affidavit can amend execution application to match decree property description
  2. 2 Whether liquidator was properly appointed and company is under liquidation
  3. 3 Whether Deputy Registrar had jurisdiction to vary decree and mark it satisfied

Ratio Decidendi

Application for execution is incompetent as property details in application do not match decree, and supplementary affidavit cannot cure this defect; executing court cannot amend decree or execution application by affidavit; remedy is to withdraw and refile application in proper form.

Court Disposition

application struck out with costs

Orders

  • application for execution struck out
  • costs awarded to respondent