20080724 TZHC Dar es Salaam

20080724 TZHC Dar es Salaam

The applicant provided sufficient evidence that he is the lawful owner of House No. 309, having purchased it at auction and obtained registration of title, and the decree holders did not contest this; therefore, the property cannot be attached or sold in execution of the decree against the judgment debtors.

Citation
20080724 TZHC Dar es Salaam
Parties
Applicant/objector: Otieno Olung'a Igogo; Decree Holders: The Registered Trustees of the Sisters of Our Lady Kilimanjaro; Judgment Debtor: John Daniel Kerenge; Judgment Debtor: Theresia J. Kerenge; Court Broker: E.R. Mwakasala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2008
Procedural Posture
Civil / Ruling on Objection to Attachment and Sale of Property
Outcome
application granted
Legal Topics
Execution of Decree, Attachment and Sale of Property, Third Party Objection
Source Language
English
Civil Procedure Property Law Execution of Decree Attachment and Sale of Property Third Party Objection

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Parties

Otieno Olung'a Igogo

Applicant/objector

The Registered Trustees of the Sisters of Our Lady Kilimanjaro

Decree Holders

John Daniel Kerenge

Judgment Debtor

Theresia J. Kerenge

Judgment Debtor

E.R. Mwakasala

Court Broker

Procedural Posture

Civil / Ruling on Objection to Attachment and Sale of Property

Legal Issues

  1. 1 Whether House No. 309 at Jangwani Beach, Dar es Salaam belongs to the judgment debtors or to the applicant/objector
  2. 2 Whether the property should be removed from the list of attached properties for sale

Ratio Decidendi

The applicant provided sufficient evidence that he is the lawful owner of House No. 309, having purchased it at auction and obtained registration of title, and the decree holders did not contest this; therefore, the property cannot be attached or sold in execution of the decree against the judgment debtors.

Court Disposition

application granted

Orders

  • House No. 309 at Jangwani Beach, Dar es Salaam is removed from the list of properties attached and proclaimed for sale in satisfaction of the decree.