usangu genera traders vs kagera t company 2018 tzhccomd 96 16 july 2018

Payments claimed to have been made to Advocate Masaka were not sufficiently proved as vouchers lacked official stamp and receipts; execution proceedings allowed to continue.

Citation: usangu genera traders vs kagera t company 2018 tzhccomd 96 16 july 2018
Parties: Plaintiff/applicant: Usangu General Traders Limited; Defendant/respondent: Kagera Tea Company
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 16 July 2018
Procedural Posture: Commercial Case / Execution Proceedings
Outcome: Execution allowed to proceed
Legal Topics: Execution of Decree, Principal Agent Relationship, Payment of Costs
Source Language: English

Civil Procedure Commercial Law Execution of Decree Principal Agent Relationship Payment of Costs

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Parties

Usangu General Traders Limited

Plaintiff/applicant

Kagera Tea Company

Defendant/respondent

Procedural Posture

Commercial Case / Execution Proceedings

Legal Issues

1 Whether payment to deceased advocate constitutes satisfaction of decree
2 Whether execution proceedings should continue

Ratio Decidendi

Payments claimed to have been made to Advocate Masaka were not sufficiently proved as vouchers lacked official stamp and receipts; execution proceedings allowed to continue.

Court Disposition

Execution allowed to proceed

Orders

Attachment and sale of house on Plot No. 334 and 335, Kilima Bugabo unless Tshs 31,000,000 is paid