khashil rajabu vs hamad rajabu another 2002 tzhc 2033 22 march 2002

khashil rajabu vs hamad rajabu another 2002 tzhc 2033 22 march 2002

The application was dismissed because the applicant lacked locus standi as the sale was not pursuant to a court order but a mortgage contract, rendering the cited provisions inapplicable. Additionally, the applicant failed to prosecute the application by not filing submissions.

Citation
khashil rajabu vs hamad rajabu another 2002 tzhc 2033 22 march 2002
Parties
Applicant/objector: Khashil Rajabu; Respondents: Hamad Rajabu t/a IVS Rajabu Auto Spares & Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2002
Procedural Posture
Civil / Ruling on Application to Set Aside Sale of Attached Property
Outcome
application dismissed with costs
Legal Topics
Execution of Decree, Setting Aside Sale, Locus Standi
Source Language
English
Civil Procedure Execution of Decree Setting Aside Sale Locus Standi

Case Brief

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Parties

Khashil Rajabu

Applicant/objector

Hamad Rajabu t/a IVS Rajabu Auto Spares & Others

Respondents

Procedural Posture

Civil / Ruling on Application to Set Aside Sale of Attached Property

Legal Issues

  1. 1 Whether the applicant has locus standi to apply for setting aside the sale of attached property
  2. 2 Whether the sale of the property can be set aside under the cited provisions

Ratio Decidendi

The application was dismissed because the applicant lacked locus standi as the sale was not pursuant to a court order but a mortgage contract, rendering the cited provisions inapplicable. Additionally, the applicant failed to prosecute the application by not filing submissions.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed for want of prosecution and lack of locus standi.
  • Costs awarded to the respondents.