yara t ltd vs leornard dominick rubuye ta rubuye agro chemical supply 2023 tzhccomd 135 12 may 2023

The judgment debtor failed to show valid cause against execution; prior payment and mortgage status do not bar execution as per procedural law.

Citation: yara t ltd vs leornard dominick rubuye ta rubuye agro chemical supply 2023 tzhccomd 135 12 may 2023
Parties: Decree Holder: Yara Tanzania Limited; Judgment Debtor: Leonard Dominick Rubuye t/a Rubuye Agro Chemical Supply
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 12 May 2023
Procedural Posture: Execution Proceedings / Ruling
Outcome: application for execution granted
Legal Topics: Execution of Decree, Objections to Execution, Mortgage Property
Source Language: English

Case Brief

Summary, issues, holding and outcome

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Yara Tanzania Limited

Decree Holder

Leonard Dominick Rubuye t/a Rubuye Agro Chemical Supply

Judgment Debtor

Execution Proceedings / Ruling

1 Whether the judgment debtor has shown cause why execution should not be granted
2 Whether prior payment of decretal sum or mortgage status of property bars execution

The judgment debtor failed to show valid cause against execution; prior payment and mortgage status do not bar execution as per procedural law.

application for execution granted

Prohibitory orders issued against properties on Plot No. 115 Block 6 Kinondoni/Mbweni JKT under Title No. 68859 and Plot No. 183 Block B Kinondoni/Tegeta under certificate of Title No. 46284