khashil rajabu vs hamad rajabu others 2002 tzhc 2012 22 march 2002

khashil rajabu vs hamad rajabu others 2002 tzhc 2012 22 march 2002

The applicant lacked locus standi as the sale was not pursuant to a court order but a mortgage contract, rendering the cited provisions inapplicable. The application was also dismissed for want of prosecution due to failure to file submissions.

Citation
khashil rajabu vs hamad rajabu others 2002 tzhc 2012 22 march 2002
Parties
Plaintiff/applicant/objector: Khashil Rajabu; Respondents: Hamad Rajabu t/a IVS Rajabu Auto Spares & Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2002
Procedural Posture
Civil Application / Ruling on Application to Set Aside Sale of Attached Property
Outcome
Application dismissed with costs for want of prosecution and lack of locus standi.
Legal Topics
Execution of Decrees, Objections to Attachment and Sale, Locus Standi, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Execution of Decrees Objections to Attachment and Sale Locus Standi Dismissal for Want of Prosecution

Case Brief

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Parties

Khashil Rajabu

Plaintiff/applicant/objector

Hamad Rajabu t/a IVS Rajabu Auto Spares & Others

Respondents

Procedural Posture

Civil Application / Ruling on Application to Set Aside Sale of Attached Property

Legal Issues

  1. 1 Whether the applicant has locus standi to object to the sale of the attached property
  2. 2 Whether the application to set aside the sale is maintainable under the cited provisions
  3. 3 Whether the application should be dismissed for want of prosecution

Ratio Decidendi

The applicant lacked locus standi as the sale was not pursuant to a court order but a mortgage contract, rendering the cited provisions inapplicable. The application was also dismissed for want of prosecution due to failure to file submissions.

Court Disposition

Application dismissed with costs for want of prosecution and lack of locus standi.

Orders

  • Application dismissed with costs.
  • No standing in law for the applicant to object under the cited provisions.