diamond trust bank ltd vs sunrise beach resort ltd and 5 others 2021 tzhccomd 3380 13 october 2021

diamond trust bank ltd vs sunrise beach resort ltd and 5 others 2021 tzhccomd 3380 13 october 2021

The decree remains unsatisfied and no stay of execution has been obtained; therefore, execution is granted as prayed.

Citation
diamond trust bank ltd vs sunrise beach resort ltd and 5 others 2021 tzhccomd 3380 13 october 2021
Parties
Decree Holder: Diamond Trust Bank (T) Ltd; 1st Judgment Debtor: Sunrise Beach Resort Ltd; 2nd Judgment Debtor: Dilesh Kumar Vithaldas Bhovan Solanki; 3rd Judgment Debtor: Ravi Vithaldas Solanki; 4th Judgment Debtor: Asminta Vithaldas Bhovan Solanki; 5th Judgment Debtor: Yogesh Amratlal Kanji; 6th Judgment Debtor: Rajen Vithaldas Bhovan Solanki
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 October 2021
Procedural Posture
Commercial Case / Execution Application Ruling
Outcome
application for execution granted
Legal Topics
Execution of Decree, Settlement Agreement, Prohibitory Orders
Source Language
English
Civil Procedure Commercial Law Execution of Decree Settlement Agreement Prohibitory Orders

Case Brief

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Parties

Diamond Trust Bank (T) Ltd

Decree Holder

Sunrise Beach Resort Ltd

1st Judgment Debtor

Dilesh Kumar Vithaldas Bhovan Solanki

2nd Judgment Debtor

Ravi Vithaldas Solanki

3rd Judgment Debtor

Asminta Vithaldas Bhovan Solanki

4th Judgment Debtor

Yogesh Amratlal Kanji

5th Judgment Debtor

Rajen Vithaldas Bhovan Solanki

6th Judgment Debtor

Procedural Posture

Commercial Case / Execution Application Ruling

Legal Issues

  1. 1 Whether the decree remains unsatisfied and execution should be granted
  2. 2 Whether judgment debtors are entitled to extension or stay of execution

Ratio Decidendi

The decree remains unsatisfied and no stay of execution has been obtained; therefore, execution is granted as prayed.

Court Disposition

application for execution granted

Orders

  • Prohibitory orders to be issued against properties listed in the application under Order XXI Rule 53(1) of the Civil Procedure Code