agro processing and allied products ltd others vs asia ally zahoro 2003 tzhccomd 8 12 december 2003

agro processing and allied products ltd others vs asia ally zahoro 2003 tzhccomd 8 12 december 2003

The applicant failed to prove title to the attached property as required by law, and her supporting documents were inadmissible. The internal arrangements between the applicant and the judgment debtor, who are husband and wife, could not defeat the rights of the decree holder. The property of Essam Bakery was liable for attachment in execution of the decree.

Citation
agro processing and allied products ltd others vs asia ally zahoro 2003 tzhccomd 8 12 december 2003
Parties
Applicant/objector: Asia Ally Zahoro; 1st Respondent/decree Holder: Agro Processing and Allied Products Ltd; 2nd Respondent/judgment Debtor: Said Zahor t/a Essam Bakery; 3rd Respondent/court Broker: Unyangala Auction Mart & Court Broker
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 December 2003
Procedural Posture
Commercial Case / Ruling on Objection to Execution
Outcome
Application dismissed with costs
Legal Topics
Execution of Decrees, Objector Proceedings, Ownership of Attached Property
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Objector Proceedings Ownership of Attached Property

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Parties

Asia Ally Zahoro

Applicant/objector

Agro Processing and Allied Products Ltd

1st Respondent/decree Holder

Said Zahor t/a Essam Bakery

2nd Respondent/judgment Debtor

Unyangala Auction Mart & Court Broker

3rd Respondent/court Broker

Procedural Posture

Commercial Case / Ruling on Objection to Execution

Legal Issues

  1. 1 Whether the applicant/objector had title to the attached property at the time of attachment
  2. 2 Whether the property of Essam Bakery is liable for attachment in execution of the decree against the judgment debtor

Ratio Decidendi

The applicant failed to prove title to the attached property as required by law, and her supporting documents were inadmissible. The internal arrangements between the applicant and the judgment debtor, who are husband and wife, could not defeat the rights of the decree holder. The property of Essam Bakery was liable for attachment in execution of the decree.

Court Disposition

Application dismissed with costs

Orders

  • The objection application is dismissed with costs.