20200728 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA {DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM CIVIL CASE NO. 44 OF 2011 MUZAMIL ISSA KATUNZI;................................. DECREE: HOLDER

VERSUS IGNUS LEONARD KATUNZI ....................... 1 ST JUDGMENT DEBTOR LEONICE COMPANY LIMITED ...................... 2N°JUDGMENT DEBTOR

RULING C.M. KISONGO - DEPUTY REGISTRAR The Decree Holder herein named Muzamil Issa Katunzi who was the Plaintiff in the case led to this application for Execution (Civil Case No. 44 of 2011), is moving this Court to execute the Decree of this Court dated 30/60/2014.He appeared through the services of Ms. Rose Sanga, the learned Counsel. The application is against the Judgment Debtors who were the Defendants named IGNUS LEONARD KATUNZI and LEONICE COMPANY LIMITED, the mode in which the assistance of the court is required is by attachment and sale of the Judgment Debtors properties named below; • XCMG Caterpillar with Registration No. T 368 ATG • Mitsubishi Fuso Truck with Reg. No. T 336 ARN. 1 • Caterpillar Excavator with Registration ivo. T190 BNN • Grader 140 H. T 196 BMN • Isuzu T.190 BMN • Roller Compi1ct T 281 ATF • Excavator T 368 ATG • Excavator T 909 AUN • Toyota Canter T.835 ABV • Rav4 T 117 ASH • Roller Compact T377 ADV • Rav4T753BAC • A Residential House situated at Msakuzi Road near Country Point Bar . within Mbezi Luous Area-Ubungo Municipality. • Yard {Compound} situated at Msakuzi Road near Country Point Bar within Mbezi Luaus Area-Ubungo Municipality The Judgment Debtors were dully served but did not enter appearance as a result the Court ruled to hear the Application in their absence. And on the 25 th day of March, 2020 when the matter was called up for hearing,

the learned Counsel for the Decree Holder submitted in support of the Application, to the effect that, since ~he Decree passed by this court has not been satisfied the execution of it shall proceed in the manner applied for. 2 Having visited the law governing Execution proceedings, I am of the firm view ' that, this Application deserves to be granted. And, I proceed to do so under ., •·. I • Order~ Rule 21 of the OWi Procedure Code/ Cap 33✓ R.E 2002 by ordering attaahment and sale of the Judgment Debtors properties named XCMG Caterpillar with Registration No. T 368 ATG, Mitsubishi Fuso· Truck with Reg.. No. T 336 ARN, Caterpillar Excavator with Registration No. T 190 BNN,Grader 140 H. T 196 BMN,Isuzu T.190 BMN,Roller Compact T 281 AT/5,Excavator T 368 ATG,Excavator T 909 AUN,Toyot,'1 Canter T.835 ABV,Rav 4 T 117 ASH, Roller Compact T:177 ADV,Rav 4 T 753 BA!;.A Residential House situated at Msakuzi Road near Country Point Bar · within Mbezi Luaus Area-Ubungo Municipality, Yard {Compound} situated at Msakuzi Road near Country Point Bar within Mbezi Luaus Area-Ubungo Municipality. I proceed to appoint Sande Ligate Court Broker t/a Noel Estate Company Limite~ to e:xecute the \Decree in accordance with the law. It is ordered so. C.M~O

DEPUTY REGISTRAR 28/07/2020 3