20181227 tzhc arusha

20181227 tzhc arusha

The application is unmaintainable as it is, in substance, a disguised application for stay of execution over which the court is functus officio, and it constitutes an abuse of process due to parallel proceedings. Furthermore, the application is incurably defective for wrong citation and non-citation of the relevant provisions of law, as objections to attachment orders must be brought under Order XXI Rule 57 of the Civil Procedure Code.

Citation
20181227 tzhc arusha
Parties
Applicant: Exim Bank (Tanzania) Ltd; 1st Respondent: Pendael Joel Mollel; 2nd Respondent: Mr. Allan (1st World Investment Court Broker)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 December 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Execution of Decrees, Attachment of Property, Preliminary Objection, Citation of Law, Abuse of Process
Source Language
English
Civil Procedure Execution of Decrees Attachment of Property Preliminary Objection Citation of Law Abuse of Process

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Parties

Exim Bank (Tanzania) Ltd

Applicant

Pendael Joel Mollel

1st Respondent

Mr. Allan (1st World Investment Court Broker)

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is maintainable in law
  2. 2 Whether the application is incurably defective for wrong citation and non-citation of relevant provisions

Ratio Decidendi

The application is unmaintainable as it is, in substance, a disguised application for stay of execution over which the court is functus officio, and it constitutes an abuse of process due to parallel proceedings. Furthermore, the application is incurably defective for wrong citation and non-citation of the relevant provisions of law, as objections to attachment orders must be brought under Order XXI Rule 57 of the Civil Procedure Code.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.