EXIM BA

EXIM BA

The preliminary objections are not pure points of law as they require ascertainment of facts regarding breach and partial satisfaction. The court retains jurisdiction to entertain the execution application as it is the court that passed the consent decree and this is the first execution application. The application is not premature and the issues raised by the judgment debtors require evidence at hearing, not summary disposal.

Citation
EXIM BA
Parties
Applicant/decree Holder: EXIM BANK (TANZANIA) LIMITED; 1st Respondent/judgment Debtor: LION WATTLE COMPANY (T) LIMITED; 2nd Respondent/judgment Debtor: YUSUPH NAWAB MULLA; 3rd Respondent/judgment Debtor: SHAHDAD NAWAB MULLA
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Execution Application / Ruling on Preliminary Objections
Outcome
preliminary objections overruled
Legal Topics
Execution of Decree, Jurisdiction, Preliminary Objections, Consent Judgment, Deed of Settlement
Source Language
English
Civil Procedure Commercial Law Execution of Decree Jurisdiction Preliminary Objections Consent Judgment Deed of Settlement

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Parties

EXIM BANK (TANZANIA) LIMITED

Applicant/decree Holder

LION WATTLE COMPANY (T) LIMITED

1st Respondent/judgment Debtor

YUSUPH NAWAB MULLA

2nd Respondent/judgment Debtor

SHAHDAD NAWAB MULLA

3rd Respondent/judgment Debtor

Procedural Posture

Execution Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the execution application
  2. 2 Whether the application for execution is premature due to alleged non-breach of the deed of settlement
  3. 3 Whether the application is bad in law for including the entire decretal sum despite partial satisfaction

Ratio Decidendi

The preliminary objections are not pure points of law as they require ascertainment of facts regarding breach and partial satisfaction. The court retains jurisdiction to entertain the execution application as it is the court that passed the consent decree and this is the first execution application. The application is not premature and the issues raised by the judgment debtors require evidence at hearing, not summary disposal.

Court Disposition

preliminary objections overruled

Orders

  • Each party to bear its own costs
  • Application for execution to proceed