ms sykes insurance consultants ltd vs ms sam construction co ltd 2010 tzca 2 5 november 2010

ms sykes insurance consultants ltd vs ms sam construction co ltd 2010 tzca 2 5 november 2010

The execution proceedings were marred by material irregularities and illegalities, including failure to comply with mandatory legal provisions for attachment and sale, and failure to entertain pending objection proceedings, resulting in injustice; thus, the proceedings and orders from 7th October 2009 onwards are nullified.

Citation
ms sykes insurance consultants ltd vs ms sam construction co ltd 2010 tzca 2 5 november 2010
Parties
Plaintiff/decree Holder: Ms. Sykes Insurance Consultants Co. Ltd; Defendant/judgment Debtor: Ms. Sam Construction Co. Ltd; Objector: Anna Lawrence Mhina; Objector: Samweli George Mhina
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 November 2010
Procedural Posture
Civil Revision / Final Appellate Order
Outcome
proceedings and orders from 7th October 2009 onwards nullified and quashed
Legal Topics
Execution of Decrees, Attachment and Sale of Property, Objection Proceedings, Jurisdiction, Irregularity and Illegality in Execution
Source Language
English
Civil Procedure Property Law Execution of Decrees Attachment and Sale of Property Objection Proceedings Jurisdiction Irregularity and Illegality in Execution

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Parties

Ms. Sykes Insurance Consultants Co. Ltd

Plaintiff/decree Holder

Ms. Sam Construction Co. Ltd

Defendant/judgment Debtor

Anna Lawrence Mhina

Objector

Samweli George Mhina

Objector

Procedural Posture

Civil Revision / Final Appellate Order

Legal Issues

  1. 1 Whether the execution proceedings leading to the attachment and sale of the house were conducted in accordance with the law
  2. 2 Whether the Court of Appeal had jurisdiction to entertain the revision
  3. 3 Whether the objector's application should have been heard before the sale of the house

Ratio Decidendi

The execution proceedings were marred by material irregularities and illegalities, including failure to comply with mandatory legal provisions for attachment and sale, and failure to entertain pending objection proceedings, resulting in injustice; thus, the proceedings and orders from 7th October 2009 onwards are nullified.

Court Disposition

proceedings and orders from 7th October 2009 onwards nullified and quashed

Orders

  • All execution proceedings in the High Court from 7th October 2009 onwards are nullified.
  • All orders made therein, including the order for sale of the house on Plot No. 137 Block D, Sinza, are quashed and set aside.